[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
118 STAT. 3638
Public Law 108-458
108th Congress
An Act
To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and for
other purposes. NOTE: Dec. 17, 2004 - [S. 2845]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Intelligence
Reform and Terrorism Prevention Act of 2004. 50 USC 401 note.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence Reform
and Terrorism Prevention Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A--Establishment of Director of National Intelligence
Sec. 1011. Reorganization and improvement of management of intelligence
community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between
Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of
certain officials responsible for intelligence-related
activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence
community.
Sec. 1018. Presidential guidelines on implementation and preservation of
authorities.
Sec. 1019. Assignment of responsibilities relating to analytic
integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.
Subtitle B--National Counterterrorism Center, National Counter
Proliferation Center, and National Intelligence Centers
Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Education for the Intelligence Community
Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.
Subtitle E--Additional Improvements of Intelligence Activities
Sec. 1051. Service and national laboratories and the intelligence
community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.
Subtitle F--Privacy and Civil Liberties
Sec. 1061. Privacy and Civil Liberties Oversight Board.
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118 STAT. 3639
Sec. 1062. Sense of Congress on designation of privacy and civil
liberties officers.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of Director of
National Intelligence and Director of the Central
Intelligence Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security
Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of
the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of
the Director of National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National
Intelligence to acquire and manage property and services.
Sec. 1081. General references.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.
Sec. 1093. Termination of positions of Assistant Directors of Central
Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Director of National Intelligence report on implementation of
intelligence community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education school
selection rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest
Declassification Board.
Sec. 1103. Severability.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
Sec. 2001. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of
Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.
TITLE III--SECURITY CLEARANCES
Sec. 3001. Security clearances.
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
Sec. 4001. National Strategy for Transportation Security.
Subtitle B--Aviation Security
Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport
screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of
Federal air marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
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118 STAT. 3640
Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.
Sec. 4026. Man-Portable Air Defense Systems (MANPADs).
Sec. 4027. Technical corrections.
Sec. 4028. Report on secondary flight deck barriers.
Sec. 4029. Extension of authorization of aviation security funding.
Subtitle C--Air Cargo Security
Sec. 4051. Pilot program to evaluate use of blast resistant cargo and
baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.
Subtitle D--Maritime Security
Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and
assessments.
Subtitle E--General Provisions
Sec. 4081. Definitions.
Sec. 4082. Effective date.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
Sec. 5101. Establishment.
Sec. 5102. Program requirements.
Sec. 5103. Administrative provisions.
Sec. 5104. Report.
Sec. 5105. Authorization of appropriations.
Subtitle B--Border and Immigration Enforcement
Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement
investigators.
Sec. 5204. Increase in detention bed space.
Subtitle C--Visa Requirements
Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.
Sec. 5303. Effective date.
Sec. 5304. Revocation of visas and other travel documentation.
Subtitle D--Immigration Reform
Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type
training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
Sec. 5501. Inadmissibility and deportability of aliens who have
committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government
officials who have committed particularly severe violations
of religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who have committed
acts of torture, extrajudicial killings, or severe violations
of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the
Foreign Intelligence Surveillance Act of 1978.
Subtitle B--Money Laundering and Terrorist Financing
Sec. 6101. Additional authorization for finCEN.
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118 STAT. 3641
Sec. 6102. Money laundering and financial crimes strategy
reauthorization.
Subtitle C--Money Laundering Abatement and Financial Antiterrorism
Technical Corrections
Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107-56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.
Subtitle D--Additional Enforcement Tools
Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.
Subtitle E--Criminal History Background Checks
Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private
security officer employment.
Sec. 6403. Criminal history background checks.
Subtitle F--Grand Jury Information Sharing
Sec. 6501. Grand jury information sharing.
Subtitle G--Providing Material Support to Terrorism
Sec. 6601. Short title.
Sec. 6602. Receiving military-type training from a foreign terrorist
organization.
Sec. 6603. Additions to offense of providing material support to
terrorism.
Sec. 6604. Financing of terrorism.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 6701. Short title.
Sec. 6702. Hoaxes and recovery costs.
Sec. 6703. Obstruction of justice and false statements in terrorism
cases.
Sec. 6704. Clarification of definition.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of
2004
Sec. 6801. Short title.
Sec. 6802. Weapons of mass destruction.
Sec. 6803. Participation in nuclear and weapons of mass destruction
threats to the United States.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of
2004
Sec. 6901. Short title.
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United
States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United
States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.
Subtitle K--Pretrial Detention of Terrorists
Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving
terrorism.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 7001. Short title.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
Sec. 7101. Findings.
Sec. 7102. Terrorist sanctuaries.
Sec. 7103. United States commitment to the future of Pakistan.
Sec. 7104. Assistance for Afghanistan.
Sec. 7105. The relationship between the United States and Saudi Arabia.
Sec. 7106. Efforts to combat Islamist terrorism.
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118 STAT. 3642
Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.
Sec. 7109. Public diplomacy responsibilities of the Department of State.
Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international
organizations.
Sec. 7112. Expansion of United States scholarship and exchange programs
in the Islamic world.
Sec. 7113. Pilot program to provide grants to American-sponsored schools
in predominantly Muslim countries to provide scholarships.
Sec. 7114. International Youth Opportunity Fund.
Sec. 7115. The use of economic policies to combat terrorism.
Sec. 7116. Middle East partnership initiative.
Sec. 7117. Comprehensive coalition strategy for fighting terrorism.
Sec. 7118. Financing of terrorism.
Sec. 7119. Designation of foreign terrorist organizations.
Sec. 7120. Report to Congress.
Sec. 7121. Case-Zablocki Act requirements.
Sec. 7122. Effective date.
Subtitle B--Terrorist Travel and Effective Screening
Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.
Sec. 7203. Responsibilities and functions of consular officers.
Sec. 7204. International agreements to track and curtail terrorist
travel through the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration of names into the
Roman alphabet for international travel documents and name-
based watchlist systems.
Sec. 7206. Immigration security initiative.
Sec. 7207. Certification regarding technology for visa waiver
participants.
Sec. 7208. Biometric entry and exit data system.
Sec. 7209. Travel documents.
Sec. 7210. Exchange of terrorist information and increased preinspection
at foreign airports.
Sec. 7211. Minimum standards for birth certificates.
Sec. 7212. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers
on driver's licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.
Sec. 7216. Increase in penalties for fraud and related activity.
Sec. 7217. Study on allegedly lost or stolen passports.
Sec. 7218. Establishment of visa and passport security program in the
Department of State.
Sec. 7219. Effective date.
Sec. 7220. Identification standards.
Subtitle C--National Preparedness
Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.
Sec. 7303. Enhancement of public safety communications interoperability.
Sec. 7304. Regional model strategic plan pilot projects.
Sec. 7305. Private sector preparedness.
Sec. 7306. Critical infrastructure and readiness assessments.
Sec. 7307. Northern command and defense of the United States homeland.
Sec. 7308. Effective date.
Subtitle D--Homeland Security
Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.
Sec. 7403. Study regarding nationwide emergency notification system.
Sec. 7404. Pilot study to move warning systems into the modern digital
age.
Sec. 7405. Required coordination.
Sec. 7406. Emergency preparedness compacts.
Sec. 7407. Responsibilities of counternarcotics office.
Sec. 7408. Use of counternarcotics enforcement activities in certain
employee performance appraisals.
Subtitle E--Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.
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118 STAT. 3643
Subtitle F--Presidential Transition
Sec. 7601. Presidential transition.
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
Sec. 7701. Improving international standards and cooperation to fight
terrorist financing.
Sec. 7702. Definitions.
Sec. 7703. Expanded reporting and testimony requirements for the
Secretary of the Treasury.
Sec. 7704. Coordination of United States Government efforts.
Subtitle H--Emergency Financial Preparedness
Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness
and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
Sec. 8101. Intelligence community use of National Infrastructure
Simulation and Analysis Center.
Subtitle B--Department of Homeland Security Matters
Sec. 8201. Homeland security geospatial information.
Subtitle C--Homeland Security Civil Rights and Civil Liberties
Protection
Sec. 8301. Short title.
Sec. 8302. Mission of Department of Homeland Security.
Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of
Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of
Homeland Security.
Subtitle D--Other Matters
Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency
planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets
for suspended air passenger service.
TITLE I--REFORM NOTE: National Security Intelligence Reform Act of
2004. OF THE INTELLIGENCE COMMUNITY
SEC. 1001. NOTE: 50 USC 401 note. SHORT TITLE.
This title may be cited as the ``National Security Intelligence
Reform Act of 2004''.
Subtitle A--Establishment of Director of National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF
INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and
inserting the following new sections:
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118 STAT. 3644
``director of national intelligence
``Sec. 102. NOTE: President. Congress. 50 USC 403. (a) Director
of National Intelligence.--(1) There is a Director of National
Intelligence who shall be appointed by the President, by and with the
advice and consent of the Senate. Any individual nominated for
appointment as Director of National Intelligence shall have extensive
national security expertise.
``(2) The Director of National Intelligence shall not be located
within the Executive Office of the President.
``(b) Principal Responsibility.--Subject to the authority,
direction, and control of the President, the Director of National
Intelligence shall--
``(1) serve as head of the intelligence community;
``(2) act as the principal adviser to the President, to the
National Security Council, and the Homeland Security Council for
intelligence matters related to the national security; and
``(3) consistent with section 1018 of the National Security
Intelligence Reform Act of 2004, oversee and direct the
implementation of the National Intelligence Program.
``(c) Prohibition on Dual Service.--The individual serving in the
position of Director of National Intelligence shall not, while so
serving, also serve as the Director of the Central Intelligence Agency
or as the head of any other element of the intelligence community.
``responsibilities and authorities of the director of national
intelligence
``Sec. 102A. (a) NOTE: 50 USC 403-1. Provision of
Intelligence.--(1) The Director of National Intelligence shall be
responsible for ensuring that national intelligence is provided--
``(A) to the President;
``(B) to the heads of departments and agencies of the
executive branch;
``(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
``(D) to the Senate and House of Representatives and the
committees thereof; and
``(E) to such other persons as the Director of National
Intelligence determines to be appropriate.
``(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all sources
available to the intelligence community and other appropriate entities.
``(b) Access to Intelligence.--Unless otherwise directed by the
President, the Director of National Intelligence shall have access to
all national intelligence and intelligence related to the national
security which is collected by any Federal department, agency, or other
entity, except as otherwise provided by law or, as appropriate, under
guidelines agreed upon by the Attorney General and the Director of
National Intelligence.
``(c) Budget Authorities.--(1) With respect to budget requests and
appropriations for the National Intelligence Program, the Director of
National Intelligence shall--
``(A) based on intelligence priorities set by the President,
provide to the heads of departments containing agencies or
organizations within the intelligence community, and to the
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118 STAT. 3645
heads of such agencies and organizations, guidance for
developing the National Intelligence Program budget pertaining
to such agencies and organizations;
``(B) based on budget proposals provided to the Director of
National Intelligence by the heads of agencies and organizations
within the intelligence community and the heads of their
respective departments and, as appropriate, after obtaining the
advice of the Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence Program
budget; and
``(C) present such consolidated National Intelligence
Program budget, together with any comments from the heads of
departments containing agencies or organizations within the
intelligence community, to the President for approval.
``(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the intelligence
community shall provide the Director of National Intelligence such other
information as the Director shall request for the purpose of determining
the annual consolidated National Intelligence Program budget under that
paragraph.
``(3)(A) The Director of National Intelligence shall participate in
the development by the Secretary of Defense of the annual budgets for
the Joint Military Intelligence Program and for Tactical Intelligence
and Related Activities.
``(B) The Director of National Intelligence shall provide guidance
for the development of the annual budget for each element of the
intelligence community that is not within the National Intelligence
Program.
``(4) The Director of National Intelligence shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
``(5)(A) The Director of National Intelligence shall be responsible
for managing appropriations for the National Intelligence Program by
directing the allotment or allocation of such appropriations through the
heads of the departments containing agencies or organizations within the
intelligence community and the Director of the Central Intelligence
Agency, with prior notice (including the provision of appropriate
supporting information) to the head of the department containing an
agency or organization receiving any such allocation or allotment or the
Director of the Central Intelligence Agency.
``(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence Program, the
Director of the Office of Management and Budget shall exercise the
authority of the Director of the Office of Management and Budget to
apportion funds, at the exclusive direction of the Director of National
Intelligence, for allocation to the elements of the intelligence
community through the relevant host executive departments and the
Central Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or transfer
funds appropriated for the National Intelligence Program in an
expeditious manner.
``(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence Program by the
heads of the elements of the intelligence community that manage programs
and activities that are part of the National Intelligence Program, which
may include audits and evaluations.
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118 STAT. 3646
``(6) Apportionment and allotment of funds under this subsection
shall be subject to chapter 13 and section 1517 of title 31, United
States Code, and the Congressional Budget and Impoundment Control Act of
1974 (2 U.S.C. 621 et seq.).
``(7)(A) NOTE: Reports. Deadlines. The Director of National
Intelligence shall provide a semi-annual report, beginning April 1,
2005, and ending April 1, 2007, to the President and the Congress
regarding implementation of this section.
``(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after learning of any
instance in which a departmental comptroller acts in a manner
inconsistent with the law (including permanent statutes, authorization
Acts, and appropriations Acts), or the direction of the Director of
National Intelligence, in carrying out the National Intelligence
Program.
``(d) Role of Director of National Intelligence in Transfer and
Reprogramming of Funds.--(1)(A) No funds made available under the
National Intelligence Program may be transferred or reprogrammed without
the prior approval of the Director of National Intelligence, except in
accordance with procedures prescribed by the Director of National
Intelligence.
``(B) The Secretary of Defense shall consult with the Director of
National Intelligence before transferring or reprogramming funds made
available under the Joint Military Intelligence Program.
``(2) Subject to the succeeding provisions of this subsection, the
Director of National Intelligence may transfer or reprogram funds
appropriated for a program within the National Intelligence Program to
another such program.
``(3) The Director of National Intelligence may only transfer or
reprogram funds referred to in subparagraph (A)--
``(A) with the approval of the Director of the Office of
Management and Budget; and
``(B) after consultation with the heads of departments
containing agencies or organizations within the intelligence
community to the extent such agencies or organizations are
affected, and, in the case of the Central Intelligence Agency,
after consultation with the Director of the Central Intelligence
Agency.
``(4) The amounts available for transfer or reprogramming in the
National Intelligence Program in any given fiscal year, and the terms
and conditions governing such transfers and reprogrammings, are subject
to the provisions of annual appropriations Acts and this subsection.
``(5)(A) A transfer or reprogramming of funds or personnel may be
made under this subsection only if--
``(i) the funds are being transferred to an activity that is
a higher priority intelligence activity;
``(ii) the transfer or reprogramming supports an emergent
need, improves program effectiveness, or increases efficiency;
``(iii) the transfer or reprogramming does not involve a
transfer or reprogramming of funds to a Reserve for
Contingencies of the Director of National Intelligence or the
Reserve for Contingencies of the Central Intelligence Agency;
``(iv) the transfer or reprogramming results in a cumulative
transfer or reprogramming of funds out of any department or
agency, as appropriate, funded in the National Intelligence
Program in a single fiscal year--
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118 STAT. 3647
``(I) that is less than $150,000,000, and
``(II) that is less than 5 percent of amounts
available to a department or agency under the National
Intelligence Program; and
``(v) the transfer or reprogramming does not terminate an
acquisition program.
``(B) A transfer or reprogramming may be made without regard to a
limitation set forth in clause (iv) or (v) of subparagraph (A) if the
transfer has the concurrence of the head of the department involved or
the Director of the Central Intelligence Agency (in the case of the
Central Intelligence Agency). The authority to provide such concurrence
may only be delegated by the head of the department or agency involved
to the deputy of such officer.
``(6) Funds transferred or reprogrammed under this subsection shall
remain available for the same period as the appropriations account to
which transferred or reprogrammed.
``(7) Any transfer or reprogramming of funds under this subsection
shall be carried out in accordance with existing procedures applicable
to reprogramming notifications for the appropriate congressional
committees. NOTE: Reports. Any proposed transfer or reprogramming
for which notice is given to the appropriate congressional committees
shall be accompanied by a report explaining the nature of the proposed
transfer or reprogramming and how it satisfies the requirements of this
subsection. NOTE: Notification. In addition, the congressional
intelligence committees shall be promptly notified of any transfer or
reprogramming of funds made pursuant to this subsection in any case in
which the transfer or reprogramming would not have otherwise required
reprogramming notification under procedures in effect as of the date of
the enactment of this subsection.
``(e) Transfer of Personnel.--(1)(A) In addition to any other
authorities available under law for such purposes, in the first twelve
months after establishment of a new national intelligence center, the
Director of National Intelligence, with the approval of the Director of
the Office of Management and Budget and in consultation with the
congressional committees of jurisdiction referred to in subparagraph
(B), may transfer not more than 100 personnel authorized for elements of
the intelligence community to such center.
``(B) NOTE: Notice. The Director of National Intelligence shall
promptly provide notice of any transfer of personnel made pursuant to
this paragraph to--
``(i) the congressional intelligence committees;
``(ii) the Committees on Appropriations of the Senate and
the House of Representatives;
``(iii) in the case of the transfer of personnel to or from
the Department of Defense, the Committees on Armed Services of
the Senate and the House of Representatives; and
``(iv) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary of
the Senate and the House of Representatives.
``(C) The Director shall include in any notice under subparagraph
(B) an explanation of the nature of the transfer and how it satisfies
the requirements of this subsection.
``(2)(A) The Director of National Intelligence, with the approval of
the Director of the Office of Management and Budget and in accordance
with procedures to be developed by the Director of National Intelligence
and the heads of the departments and agencies
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118 STAT. 3648
concerned, may transfer personnel authorized for an element of the
intelligence community to another such element for a period of not more
than 2 years.
``(B) A transfer of personnel may be made under this paragraph only
if--
``(i) the personnel are being transferred to an activity
that is a higher priority intelligence activity; and
``(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.
``(C) NOTE: Notice. The Director of National Intelligence shall
promptly provide notice of any transfer of personnel made pursuant to
this paragraph to--
``(i) the congressional intelligence committees;
``(ii) in the case of the transfer of personnel to or from
the Department of Defense, the Committees on Armed Services of
the Senate and the House of Representatives; and
``(iii) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary of
the Senate and the House of Representatives.
``(D) The Director shall include in any notice under subparagraph
(C) an explanation of the nature of the transfer and how it satisfies
the requirements of this paragraph.
``(3) It is the sense of Congress that--
``(A) the nature of the national security threats facing the
United States will continue to challenge the intelligence
community to respond rapidly and flexibly to bring analytic
resources to bear against emerging and unforeseen requirements;
``(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be necessary
should be fully and properly supported with appropriate levels
of personnel resources and that the President's yearly budget
requests adequately support those needs; and
``(C) the President should utilize all legal and
administrative discretion to ensure that the Director of
National Intelligence and all other elements of the intelligence
community have the necessary resources and procedures to respond
promptly and effectively to emerging and unforeseen national
security challenges.
``(f) Tasking and Other Authorities.--(1)(A) The Director of
National Intelligence shall--
``(i) establish objectives, priorities, and guidance for the
intelligence community to ensure timely and effective
collection, processing, analysis, and dissemination (including
access by users to collected data consistent with applicable law
and, as appropriate, the guidelines referred to in subsection
(b) and analytic products generated by or within the
intelligence community) of national intelligence;
``(ii) determine requirements and priorities for, and manage
and direct the tasking of, collection, analysis, production, and
dissemination of national intelligence by elements of the
intelligence community, including--
``(I) approving requirements (including those
requirements responding to needs provided by consumers)
for collection and analysis; and
[[Page 3649]]
118 STAT. 3649
``(II) resolving conflicts in collection
requirements and in the tasking of national collection
assets of the elements of the intelligence community;
and
``(iii) provide advisory tasking to intelligence elements of
those agencies and departments not within the National
Intelligence Program.
``(B) The authority of the Director of National Intelligence under
subparagraph (A) shall not apply--
``(i) insofar as the President so directs;
``(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking authority
under plans or arrangements agreed upon by the Secretary of
Defense and the Director of National Intelligence; or
``(iii) to the direct dissemination of information to State
government and local government officials and private sector
entities pursuant to sections 201 and 892 of the Homeland
Security Act of 2002 (6 U.S.C. 121, 482).
``(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center and may establish such other national
intelligence centers as the Director determines necessary.
``(3)(A) NOTE: Policies. The Director of National Intelligence
shall prescribe, in consultation with the heads of other agencies or
elements of the intelligence community, and the heads of their
respective departments, personnel policies and programs applicable to
the intelligence community that--
``(i) encourage and facilitate assignments and details of
personnel to national intelligence centers, and between elements
of the intelligence community;
``(ii) set standards for education, training, and career
development of personnel of the intelligence community;
``(iii) encourage and facilitate the recruitment and
retention by the intelligence community of highly qualified
individuals for the effective conduct of intelligence
activities;
``(iv) ensure that the personnel of the intelligence
community are sufficiently diverse for purposes of the
collection and analysis of intelligence through the recruitment
and training of women, minorities, and individuals with diverse
ethnic, cultural, and linguistic backgrounds;
``(v) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the Director
shall specify; and
``(vi) ensure the effective management of intelligence
community personnel who are responsible for intelligence
community-wide matters.
``(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable to members
of the uniformed services.
``(4) The Director of National Intelligence shall ensure compliance
with the Constitution and laws of the United States by the Central
Intelligence Agency and shall ensure such compliance by other elements
of the intelligence community through the host executive departments
that manage the programs and activities that are part of the National
Intelligence Program.
``(5) The Director of National Intelligence shall ensure the
elimination of waste and unnecessary duplication within the intelligence
community.
[[Page 3650]]
118 STAT. 3650
``(6) NOTE: Requirements. The Director of National Intelligence
shall establish requirements and priorities for foreign intelligence
information to be collected under the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the
Attorney General to ensure that information derived from electronic
surveillance or physical searches under that Act is disseminated so it
may be used efficiently and effectively for national intelligence
purposes, except that the Director shall have no authority to direct or
undertake electronic surveillance or physical search operations pursuant
to that Act unless authorized by statute or Executive order.
``(7) The Director of National Intelligence shall perform such other
functions as the President may direct.
``(8) Nothing in this title shall be construed as affecting the role
of the Department of Justice or the Attorney General under the Foreign
Intelligence Surveillance Act of 1978.
``(g) NOTE: Procedures. Intelligence Information Sharing.--(1)
The Director of National Intelligence shall have principal authority to
ensure maximum availability of and access to intelligence information
within the intelligence community consistent with national security
requirements. The Director of National Intelligence shall--
``(A) establish uniform security standards and procedures;
``(B) establish common information technology standards,
protocols, and interfaces;
``(C) ensure development of information technology systems
that include multi-level security and intelligence integration
capabilities;
``(D) establish policies and procedures to resolve conflicts
between the need to share intelligence information and the need
to protect intelligence sources and methods;
``(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the
intelligence community comply with such architecture; and
``(F) have procurement approval authority over all
enterprise architecture-related information technology items
funded in the National Intelligence Program.
``(2) NOTE: President. The President shall ensure that the
Director of National Intelligence has all necessary support and
authorities to fully and effectively implement paragraph (1).
``(3) Except as otherwise directed by the President or with the
specific written agreement of the head of the department or agency in
question, a Federal agency or official shall not be considered to have
met any obligation to provide any information, report, assessment, or
other material (including unevaluated intelligence information) to that
department or agency solely by virtue of having provided that
information, report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
``(4) NOTE: Deadline. Reports. Not later than February 1 of each
year, the Director of National Intelligence shall submit to the
President and to the Congress an annual report that identifies any
statute, regulation, policy, or practice that the Director believes
impedes the ability of the Director to fully and effectively implement
paragraph (1).
``(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national security
needs, the Director of National Intelligence shall--
``(1) NOTE: Procedures. implement policies and
procedures--
[[Page 3651]]
118 STAT. 3651
``(A) to encourage sound analytic methods and
tradecraft throughout the elements of the intelligence
community;
``(B) to ensure that analysis is based upon all
sources available; and
``(C) to ensure that the elements of the
intelligence community regularly conduct competitive
analysis of analytic products, whether such products are
produced by or disseminated to such elements;
``(2) ensure that resource allocation for intelligence
analysis is appropriately proportional to resource allocation
for intelligence collection systems and operations in order to
maximize analysis of all collected data;
``(3) ensure that differences in analytic judgment are fully
considered and brought to the attention of policymakers; and
``(4) ensure that sufficient relationships are established
between intelligence collectors and analysts to facilitate
greater understanding of the needs of analysts.
``(i) NOTE: Guidelines. Protection of Intelligence Sources and
Methods.--(1) The Director of National Intelligence shall protect
intelligence sources and methods from unauthorized disclosure.
``(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National Intelligence
shall establish and implement guidelines for the intelligence community
for the following purposes:
``(A) Classification of information under applicable law,
Executive orders, or other Presidential directives.
``(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
``(C) Preparation of intelligence products in such a way
that source information is removed to allow for dissemination at
the lowest level of classification possible or in unclassified
form to the extent practicable.
``(3) The Director may only delegate a duty or authority given the
Director under this subsection to the Principal Deputy Director of
National Intelligence.
``(j) Uniform Procedures for Sensitive Compartmented Information.--
The Director of National Intelligence, subject to the direction of the
President, shall--
``(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any agency or department of the United
States and to employees of contractors of those agencies or
departments;
``(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
``(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by those agencies; and
``(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most expeditious
manner possible consistent with applicable standards for
national security.
``(k) Coordination With Foreign Governments.--Under the direction of
the President and in a manner consistent with section
[[Page 3652]]
118 STAT. 3652
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of
National Intelligence shall oversee the coordination of the
relationships between elements of the intelligence community and the
intelligence or security services of foreign governments or
international organizations on all matters involving intelligence
related to the national security or involving intelligence acquired
through clandestine means.
``(l) NOTE: Regulations. Enhanced Personnel Management.--(1)(A)
The Director of National Intelligence shall, under regulations
prescribed by the Director, provide incentives for personnel of elements
of the intelligence community to serve--
``(i) on the staff of the Director of National Intelligence;
``(ii) on the staff of the national intelligence centers;
``(iii) on the staff of the National Counterterrorism
Center; and
``(iv) in other positions in support of the intelligence
community management functions of the Director.
``(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as the
Director considers appropriate.
``(2)(A) Notwithstanding any other provision of law, the personnel
of an element of the intelligence community who are assigned or detailed
under paragraph (1)(A) to service under the Director of National
Intelligence shall be promoted at rates equivalent to or better than
personnel of such element who are not so assigned or detailed.
``(B) The Director may prescribe regulations to carry out this
section.
``(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the intelligence
community through various elements of the intelligence community in the
course of their careers in order to facilitate the widest possible
understanding by such personnel of the variety of intelligence
requirements, methods, users, and capabilities.
``(B) The mechanisms prescribed under subparagraph (A) may include
the following:
``(i) The establishment of special occupational categories
involving service, over the course of a career, in more than one
element of the intelligence community.
``(ii) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two or
more elements of the intelligence community.
``(iii) The establishment of requirements for education,
training, service, and evaluation for service involving more
than one element of the intelligence community.
``(C) It is the sense of Congress that the mechanisms prescribed
under this subsection should, to the extent practical, seek to duplicate
for civilian personnel within the intelligence community the joint
officer management policies established by chapter 38 of title 10,
United States Code, and the other amendments made by title IV of the
Goldwater-Nichols Department of Defense Reorganization Act of 1986
(Public Law 99-433).
``(4)(A) Except as provided in subparagraph (B) and subparagraph
(D), this subsection shall not apply with respect to personnel of the
elements of the intelligence community who are members of the uniformed
services.
[[Page 3653]]
118 STAT. 3653
``(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with respect to
members of the uniformed services who are assigned to an element of the
intelligence community funded through the National Intelligence Program,
but such mechanisms shall not be inconsistent with personnel policies
and education and training requirements otherwise applicable to members
of the uniformed services.
``(C) The personnel policies and programs developed and implemented
under this subsection with respect to law enforcement officers (as that
term is defined in section 5541(3) of title 5, United States Code) shall
not affect the ability of law enforcement entities to conduct operations
or, through the applicable chain of command, to control the activities
of such law enforcement officers.
``(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall be
considered a joint-duty assignment for purposes of the joint officer
management policies prescribed by chapter 38 of title 10, United States
Code, and other provisions of that title.
``(m) Additional Authority With Respect to Personnel.--(1) In
addition to the authorities under subsection (f)(3), the Director of
National Intelligence may exercise with respect to the personnel of the
Office of the Director of National Intelligence any authority of the
Director of the Central Intelligence Agency with respect to the
personnel of the Central Intelligence Agency under the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment of this
subsection to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
``(2) Employees and applicants for employment of the Office of the
Director of National Intelligence shall have the same rights and
protections under the Office of the Director of National Intelligence as
employees of the Central Intelligence Agency have under the Central
Intelligence Agency Act of 1949, and other applicable provisions of law,
as of the date of the enactment of this subsection.
``(n) Acquisition Authorities.--(1) In carrying out the
responsibilities and authorities under this section, the Director of
National Intelligence may exercise the acquisition and appropriations
authorities referred to in the Central Intelligence Agency Act of 1949
(50 U.S.C. 403a et seq.) other than the authorities referred to in
section 8(b) of that Act (50 U.S.C. 403j(b)).
``(2) For the purpose of the exercise of any authority referred to
in paragraph (1), a reference to the head of an agency shall be deemed
to be a reference to the Director of National Intelligence or the
Principal Deputy Director of National Intelligence.
``(3)(A) Any determination or decision to be made under an authority
referred to in paragraph (1) by the head of an agency may be made with
respect to individual purchases and contracts or with respect to classes
of purchases or contracts, and shall be final.
``(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of National
Intelligence may, in such official's discretion, delegate to any officer
or other official of the Office of the Director of National Intelligence
any authority to make a determination or decision as the head of the
agency under an authority referred to in paragraph (1).
[[Page 3654]]
118 STAT. 3654
``(C) The limitations and conditions set forth in section 3(d) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall
apply to the exercise by the Director of National Intelligence of an
authority referred to in paragraph (1).
``(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the Central
Intelligence Agency Act of 1949 shall be based upon written findings
made by the official making such determination or decision, which
findings shall be final and shall be available within the Office of the
Director of National Intelligence for a period of at least six years
following the date of such determination or decision.
``(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities under this
section, the Director of National Intelligence shall take into account
the views of a head of a department containing an element of the
intelligence community and of the Director of the Central Intelligence
Agency.
``(p) Responsibility of Director of National Intelligence Regarding
National Intelligence Program Budget Concerning the Department of
Defense.--Subject to the direction of the President, the Director of
National Intelligence shall, after consultation with the Secretary of
Defense, ensure that the National Intelligence Program budgets for the
elements of the intelligence community that are within the Department of
Defense are adequate to satisfy the national intelligence needs of the
Department of Defense, including the needs of the Chairman of the Joint
Chiefs of Staff and the commanders of the unified and specified
commands, and wherever such elements are performing Government-wide
functions, the needs of other Federal departments and agencies.
``(q) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the acquisition of
a major system, the Director of National Intelligence shall--
``(A) require the development and implementation of a
program management plan that includes cost, schedule, and
performance goals and program milestone criteria, except that
with respect to Department of Defense programs the Director
shall consult with the Secretary of Defense;
``(B) serve as exclusive milestone decision authority,
except that with respect to Department of Defense programs the
Director shall serve as milestone decision authority jointly
with the Secretary of Defense or the designee of the Secretary;
and
``(C) periodically--
``(i) review and assess the progress made toward the
achievement of the goals and milestones established in
such plan; and
``(ii) NOTE: Reports. submit to Congress a
report on the results of such review and assessment.
``(2) NOTE: President. If the Director of National Intelligence
and the Secretary of Defense are unable to reach an agreement on a
milestone decision under paragraph (1)(B), the President shall resolve
the conflict.
``(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate to any
other official any authority to perform the responsibilities of the
Director under this subsection.
``(4) In this subsection:
[[Page 3655]]
118 STAT. 3655
``(A) The term `intelligence program', with respect to the
acquisition of a major system, means a program that--
``(i) is carried out to acquire such major system
for an element of the intelligence community; and
``(ii) is funded in whole out of amounts available
for the National Intelligence Program.
``(B) The term `major system' has the meaning given such
term in section 4(9) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 403(9)).
``(r) Performance of Common Services.--The Director of National
Intelligence shall, in consultation with the heads of departments and
agencies of the United States Government containing elements within the
intelligence community and with the Director of the Central Intelligence
Agency, coordinate the performance by the elements of the intelligence
community within the National Intelligence Program of such services as
are of common concern to the intelligence community, which services the
Director of National Intelligence determines can be more efficiently
accomplished in a consolidated manner.
``office of the director of national intelligence
``Sec. 103. (a) NOTE: Establishment. 50 USC 403-3. Office of
Director of National Intelligence.--There is an Office of the Director
of National Intelligence.
``(b) Function.--The function of the Office of the Director of
National Intelligence is to assist the Director of National Intelligence
in carrying out the duties and responsibilities of the Director under
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), and
other applicable provisions of law, and to carry out such other duties
as may be prescribed by the President or by law.
``(c) Composition.--The Office of the Director of National
Intelligence is composed of the following:
``(1) The Director of National Intelligence.
``(2) The Principal Deputy Director of National
Intelligence.
``(3) Any Deputy Director of National Intelligence appointed
under section 103A.
``(4) The National Intelligence Council.
``(5) The General Counsel.
``(6) The Civil Liberties Protection Officer.
``(7) The Director of Science and Technology.
``(8) The National Counterintelligence Executive (including
the Office of the National Counterintelligence Executive).
``(9) Such other offices and officials as may be established
by law or the Director may establish or designate in the Office,
including national intelligence centers.
``(d) Staff.--(1) To assist the Director of National Intelligence in
fulfilling the duties and responsibilities of the Director, the Director
shall employ and utilize in the Office of the Director of National
Intelligence a professional staff having an expertise in matters
relating to such duties and responsibilities, and may establish
permanent positions and appropriate rates of pay with respect to that
staff.
``(2) The staff of the Office of the Director of National
Intelligence under paragraph (1) shall include the staff of the Office
of the Deputy Director of Central Intelligence for Community Management
that is transferred to the Office of the Director of
[[Page 3656]]
118 STAT. 3656
National Intelligence under section 1091 of the National Security
Intelligence Reform Act of 2004.
``(e) Limitation on Co-Location With Other Elements of Intelligence
Community.--Commencing NOTE: Effective date. as of October 1, 2008,
the Office of the Director of National Intelligence may not be co-
located with any other element of the intelligence community.
``deputy directors of national intelligence
``Sec. 103A. (a) NOTE: President. Congress. 50 USC 403-
3a. Principal Deputy Director of National Intelligence.--(1) There is
a Principal Deputy Director of National Intelligence who shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(2) In the event of a vacancy in the position of Principal Deputy
Director of National Intelligence, the Director of National Intelligence
shall recommend to the President an individual for appointment as
Principal Deputy Director of National Intelligence.
``(3) Any individual nominated for appointment as Principal Deputy
Director of National Intelligence shall have extensive national security
experience and management expertise.
``(4) The individual serving as Principal Deputy Director of
National Intelligence shall not, while so serving, serve in any capacity
in any other element of the intelligence community.
``(5) The Principal Deputy Director of National Intelligence shall
assist the Director of National Intelligence in carrying out the duties
and responsibilities of the Director.
``(6) The Principal Deputy Director of National Intelligence shall
act for, and exercise the powers of, the Director of National
Intelligence during the absence or disability of the Director of
National Intelligence or during a vacancy in the position of Director of
National Intelligence.
``(b) Deputy Directors of National Intelligence.--(1) There may be
not more than four Deputy Directors of National Intelligence who shall
be appointed by the Director of National Intelligence.
``(2) Each Deputy Director of National Intelligence appointed under
this subsection shall have such duties, responsibilities, and
authorities as the Director of National Intelligence may assign or are
specified by law.
``(c) Military Status of Director of National Intelligence and
Principal Deputy Director of National Intelligence.--(1) Not more than
one of the individuals serving in the positions specified in paragraph
(2) may be a commissioned officer of the Armed Forces in active status.
``(2) The positions referred to in this paragraph are the following:
``(A) The Director of National Intelligence.
``(B) The Principal Deputy Director of National
Intelligence.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed Forces, in
active status; or
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(4) A commissioned officer of the Armed Forces, while serving in a
position specified in paragraph (2)--
[[Page 3657]]
118 STAT. 3657
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) shall not exercise, by reason of the officer's status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law; and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the military department of that
officer.
``(5) Except as provided in subparagraph (A) or (B) of paragraph
(4), the appointment of an officer of the Armed Forces to a position
specified in paragraph (2) shall not affect the status, position, rank,
or grade of such officer in the Armed Forces, or any emolument,
perquisite, right, privilege, or benefit incident to or arising out of
such status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active duty who
is appointed to a position specified in paragraph (2), while serving in
such position and while remaining on active duty, shall continue to
receive military pay and allowances and shall not receive the pay
prescribed for such position. Funds from which such pay and allowances
are paid shall be reimbursed from funds available to the Director of
National Intelligence.
``national intelligence council
``Sec. 103B. (a) NOTE: Establishment. 50 USC 403-3b. National
Intelligence Council.--There is a National Intelligence Council.
``(b) Composition.--(1) The National Intelligence Council shall be
composed of senior analysts within the intelligence community and
substantive experts from the public and private sector, who shall be
appointed by, report to, and serve at the pleasure of, the Director of
National Intelligence.
``(2) NOTE: Requirements. The Director shall prescribe
appropriate security requirements for personnel appointed from the
private sector as a condition of service on the Council, or as
contractors of the Council or employees of such contractors, to ensure
the protection of intelligence sources and methods while avoiding,
wherever possible, unduly intrusive requirements which the Director
considers to be unnecessary for this purpose.
``(c) Duties and Responsibilities.--(1) The National Intelligence
Council shall--
``(A) produce national intelligence estimates for the United
States Government, including alternative views held by elements
of the intelligence community and other information as specified
in paragraph (2);
``(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection and production; and
``(C) otherwise assist the Director of National Intelligence
in carrying out the responsibilities of the Director under
section 102A.
``(2) The Director of National Intelligence shall ensure that the
Council satisfies the needs of policymakers and other consumers of
intelligence.
``(d) Service as Senior Intelligence Advisers.--Within their
respective areas of expertise and under the direction of the Director
[[Page 3658]]
118 STAT. 3658
of National Intelligence, the members of the National Intelligence
Council shall constitute the senior intelligence advisers of the
intelligence community for purposes of representing the views of the
intelligence community within the United States Government.
``(e) Authority To Contract.--Subject to the direction and control
of the Director of National Intelligence, the National Intelligence
Council may carry out its responsibilities under this section by
contract, including contracts for substantive experts necessary to
assist the Council with particular assessments under this section.
``(f) Staff.--The Director of National Intelligence shall make
available to the National Intelligence Council such staff as may be
necessary to permit the Council to carry out its responsibilities under
this section.
``(g) Availability of Council and Staff.--(1) The Director of
National Intelligence shall take appropriate measures to ensure that the
National Intelligence Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
``(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
``(h) Support.--The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the National
Intelligence Council, including the preparation of intelligence
analyses, as may be required by the Director of National Intelligence.
``(i) National Intelligence Council Product.--For purposes of this
section, the term `National Intelligence Council product' includes a
National Intelligence Estimate and any other intelligence community
assessment that sets forth the judgment of the intelligence community as
a whole on a matter covered by such product.
``general counsel
``Sec. 103C. (a) NOTE: President. Congress. 50 USC 403-
3c. General Counsel.--There is a General Counsel of the Office of the
Director of National Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(b) Prohibition on Dual Service as General Counsel of Another
Agency.--The individual serving in the position of General Counsel may
not, while so serving, also serve as the General Counsel of any other
department, agency, or element of the United States Government.
``(c) Scope of Position.--The General Counsel is the chief legal
officer of the Office of the Director of National Intelligence.
``(d) Functions.--The General Counsel shall perform such functions
as the Director of National Intelligence may prescribe.
``civil liberties protection officer
``Sec. 103D. (a) NOTE: Government organization. 50 USC 403-
3d. Civil Liberties Protection Officer.--(1) Within the Office of the
Director of National Intelligence, there is a Civil Liberties Protection
Officer who shall be appointed by the Director of National Intelligence.
``(2) The Civil Liberties Protection Officer shall report directly
to the Director of National Intelligence.
``(b) Duties.--The Civil Liberties Protection Officer shall--
``(1) ensure that the protection of civil liberties and
privacy is appropriately incorporated in the policies and
procedures
[[Page 3659]]
118 STAT. 3659
developed for and implemented by the Office of the Director of
National Intelligence and the elements of the intelligence
community within the National Intelligence Program;
``(2) oversee compliance by the Office and the Director of
National Intelligence with requirements under the Constitution
and all laws, regulations, Executive orders, and implementing
guidelines relating to civil liberties and privacy;
``(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in the
administration of the programs and operations of the Office and
the Director of National Intelligence and, as appropriate,
investigate any such complaint or information;
``(4) ensure that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personal information;
``(5) ensure that personal information contained in a system
of records subject to section 552a of title 5, United States
Code (popularly referred to as the `Privacy Act'), is handled in
full compliance with fair information practices as set out in
that section;
``(6) conduct privacy impact assessments when appropriate or
as required by law; and
``(7) perform such other duties as may be prescribed by the
Director of National Intelligence or specified by law.
``(c) Use of Agency Inspectors General.--When appropriate, the Civil
Liberties Protection Officer may refer complaints to the Office of
Inspector General having responsibility for the affected element of the
department or agency of the intelligence community to conduct an
investigation under paragraph (3) of subsection (b).
``Director of Science and Technology
``Sec. 103E. (a) NOTE: Government organization. 50 USC 403-
3e. Director of Science and Technology.--There is a Director of
Science and Technology within the Office of the Director of National
Intelligence who shall be appointed by the Director of National
Intelligence.
``(b) Requirement Relating to Appointment.--An individual appointed
as Director of Science and Technology shall have a professional
background and experience appropriate for the duties of the Director of
Science and Technology.
``(c) Duties.--The Director of Science and Technology shall--
``(1) act as the chief representative of the Director of
National Intelligence for science and technology;
``(2) chair the Director of National Intelligence Science
and Technology Committee under subsection (d);
``(3) assist the Director in formulating a long-term
strategy for scientific advances in the field of intelligence;
``(4) assist the Director on the science and technology
elements of the budget of the Office of the Director of National
Intelligence; and
``(5) perform other such duties as may be prescribed by the
Director of National Intelligence or specified by law.
``(d) NOTE: Government organization. Director of National
Intelligence Science and Technology Committee.--(1) There is within the
Office of the Director of Science and Technology a Director of National
Intelligence Science and Technology Committee.
``(2) The Committee shall be composed of the principal science
officers of the National Intelligence Program.
[[Page 3660]]
118 STAT. 3660
``(3) The Committee shall--
``(A) coordinate advances in research and development
related to intelligence; and
``(B) perform such other functions as the Director of
Science and Technology shall prescribe.
``national counterintelligence executive
``Sec. 103F. (a) NOTE: Government organization. 50 USC 403-
3f. National Counterintelligence Executive.--The National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 107-
306; 50 U.S.C. 402b et seq.) is a component of the Office of the
Director of National Intelligence.
``(b) Duties.--The National Counterintelligence Executive shall
perform the duties provided in the Counterintelligence Enhancement Act
of 2002 and such other duties as may be prescribed by the Director of
National Intelligence or specified by law.
``central intelligence agency
``Sec. 104. (a) NOTE: 50 USC 403-4. Central Intelligence
Agency.--There is a Central Intelligence Agency.
``(b) Function.--The function of the Central Intelligence Agency is
to assist the Director of the Central Intelligence Agency in carrying
out the responsibilities specified in section 104A(c).
``director of the central intelligence agency
``Sec. 104A. (a) NOTE: President. Congress. 50 USC 403-
4a. Director of Central Intelligence Agency.--There is a Director of
the Central Intelligence Agency who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(b) Supervision.--The Director of the Central Intelligence Agency
shall report to the Director of National Intelligence regarding the
activities of the Central Intelligence Agency.
``(c) Duties.--The Director of the Central Intelligence Agency
shall--
``(1) serve as the head of the Central Intelligence Agency;
and
``(2) carry out the responsibilities specified in subsection
(d).
``(d) Responsibilities.--The Director of the Central Intelligence
Agency shall--
``(1) collect intelligence through human sources and by
other appropriate means, except that the Director of the Central
Intelligence Agency shall have no police, subpoena, or law
enforcement powers or internal security functions;
``(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
``(3) provide overall direction for and coordination of the
collection of national intelligence outside the United States
through human sources by elements of the intelligence community
authorized to undertake such collection and, in coordination
with other departments, agencies, or elements of the United
States Government which are authorized to undertake such
collection, ensure that the most effective use is made of
resources and that appropriate account is taken of the risks
[[Page 3661]]
118 STAT. 3661
to the United States and those involved in such collection; and
``(4) perform such other functions and duties related to
intelligence affecting the national security as the President or
the Director of National Intelligence may direct.
``(e) Termination of Employment of CIA Employees.--(1)
Notwithstanding the provisions of any other law, the Director of the
Central Intelligence Agency may, in the discretion of the Director,
terminate the employment of any officer or employee of the Central
Intelligence Agency whenever the Director deems the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
``(2) Any termination of employment of an officer or employee under
paragraph (1) shall not affect the right of the officer or employee to
seek or accept employment in any other department, agency, or element of
the United States Government if declared eligible for such employment by
the Office of Personnel Management.
``(f) Coordination With Foreign Governments.--Under the direction of
the Director of National Intelligence and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the
Director of the Central Intelligence Agency shall coordinate the
relationships between elements of the intelligence community and the
intelligence or security services of foreign governments or
international organizations on all matters involving intelligence
related to the national security or involving intelligence acquired
through clandestine means.''.
(b) NOTE: 50 USC 403-4b note. Sense of Congress.--It is the
sense of Congress that--
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in the face of
great personal dangers;
(2) during an extended period of unprecedented investment
and improvements in technical collection means, the human
intelligence capabilities of the United States have not received
the necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly important
capability to provide information on the asymmetric threats to
the national security of the United States;
(4) the continued development and improvement of a robust
and empowered and flexible human intelligence work force is
critical to identifying, understanding, and countering the plans
and intentions of the adversaries of the United States; and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligence
capabilities of the United States intelligence community must be
among the top priorities of the Director of National
Intelligence.
(c) NOTE: 50 USC 403-4b. Transformation of Central Intelligence
Agency.--The Director of the Central Intelligence Agency shall, in
accordance with standards developed by the Director in consultation with
the Director of National Intelligence--
(1) enhance the analytic, human intelligence, and other
capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program
within the Agency;
[[Page 3662]]
118 STAT. 3662
(3) emphasize the hiring of personnel of diverse backgrounds
for purposes of improving the capabilities of the Agency;
(4) establish and maintain effective relationships between
human intelligence and signals intelligence within the Agency at
the operational level; and
(5) achieve a more effective balance within the Agency with
respect to unilateral operations and liaison operations.
(d) Report.--(1) Not later than 180 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the Director of National Intelligence and the
congressional intelligence committees a report setting forth the
following:
(A) A strategy for improving the conduct of analysis
(including strategic analysis) by the Central Intelligence
Agency, and the progress of the Agency in implementing that
strategy.
(B) A strategy for improving the human intelligence and
other capabilities of the Agency, and the progress of the Agency
in implementing that strategy.
(2)(A) The information in the report under paragraph (1) on the
strategy referred to in paragraph (1)(B) shall--
(i) identify the number and types of personnel required to
implement that strategy;
(ii) include a plan for the recruitment, training,
equipping, and deployment of such personnel; and
(iii) set forth an estimate of the costs of such activities.
(B) If as of the date of the report under paragraph (1), a proper
balance does not exist between unilateral operations and liaison
operations, such report shall set forth the steps to be taken to achieve
such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended to read as follows:
``(5) The terms `national intelligence' and `intelligence
related to national security' refer to all intelligence,
regardless of the source from which derived and including
information gathered within or outside the United States, that--
``(A) pertains, as determined consistent with any
guidance issued by the President, to more than one
United States Government agency; and
``(B) that involves--
``(i) threats to the United States, its
people, property, or interests;
``(ii) the development, proliferation, or use
of weapons of mass destruction; or
``(iii) any other matter bearing on United
States national or homeland security.''.
SEC. 1013. JOINT NOTE: 50 USC 403-1 note. PROCEDURES FOR
OPERATIONAL COORDINATION BETWEEN
DEPARTMENT OF DEFENSE AND CENTRAL
INTELLIGENCE AGENCY.
(a) Development of Procedures.--The Director of National
Intelligence, in consultation with the Secretary of Defense and the
Director of the Central Intelligence Agency, shall develop joint
procedures to be used by the Department of Defense and the Central
Intelligence Agency to improve the coordination and deconfliction
[[Page 3663]]
118 STAT. 3663
of operations that involve elements of both the Armed Forces and the
Central Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those procedures
shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central
Intelligence Agency and the Secretary of Defense can improve
communication and coordination in the planning, execution, and
sustainment of operations, including, as a minimum--
(A) information exchange between senior officials of
the Central Intelligence Agency and senior officers and
officials of the Department of Defense when planning for
such an operation commences by either organization; and
(B) exchange of information between the Secretary
and the Director of the Central Intelligence Agency to
ensure that senior operational officials in both the
Department of Defense and the Central Intelligence
Agency have knowledge of the existence of the ongoing
operations of the other.
(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conducting
separate missions in the same geographical area, a mutual
agreement on the tactical and strategic objectives for the
region and a clear delineation of operational responsibilities
to prevent conflict and duplication of effort.
(b) Implementation Report.--Not later than 180 days after the date
of the enactment of the Act, the Director of National Intelligence shall
submit to the congressional defense committees (as defined in section
101 of title 10, United States Code) and the congressional intelligence
committees (as defined in section 3(7) of the National Security Act of
1947 (50 U.S.C. 401a(7))) a report describing the procedures established
pursuant to subsection (a) and the status of the implementation of those
procedures.
SEC. 1014. ROLE NOTE: 50 USC 403-6. OF DIRECTOR OF NATIONAL
INTELLIGENCE IN APPOINTMENT OF CERTAIN
OFFICIALS RESPONSIBLE FOR INTELLIGENCE-
RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6)
is amended by striking all after the heading and inserting the
following:
``(a) Recommendation of DNI in Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph (2), the
Director of National Intelligence shall recommend to the President an
individual for nomination to fill the vacancy.
``(2) NOTE: Applicability. Paragraph (1) applies to the
following positions:
``(A) The Principal Deputy Director of National
Intelligence.
``(B) The Director of the Central Intelligence Agency.
``(b) Concurrence of DNI in Appointments to Positions in the
Intelligence Community.--(1) In the event of a vacancy in a position
referred to in paragraph (2), the head of the department or agency
having jurisdiction over the position shall obtain the concurrence of
the Director of National Intelligence before appointing an individual to
fill the vacancy or recommending to the President an individual to be
nominated to fill the vacancy. If the Director does not concur in the
recommendation, the head of the department or agency concerned may not
fill the vacancy or make the recommendation to the President (as the
case may be). In the case in which the Director does not concur in such
a recommendation, the Director and the head of the department
[[Page 3664]]
118 STAT. 3664
or agency concerned may advise the President directly of the intention
to withhold concurrence or to make a recommendation, as the case may be.
``(2) NOTE: Applicability. Paragraph (1) applies to the
following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Geospatial-Intelligence
Agency.
``(D) The Assistant Secretary of State for Intelligence and
Research.
``(E) The Director of the Office of Intelligence of the
Department of Energy.
``(F) The Director of the Office of Counterintelligence of
the Department of Energy.
``(G) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
``(H) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation or any successor to that
position.
``(I) The Assistant Secretary of Homeland Security for
Information Analysis.
``(c) Consultation With DNI in Certain Positions.--(1) In the event
of a vacancy in a position referred to in paragraph (2), the head of the
department or agency having jurisdiction over the position shall consult
with the Director of National Intelligence before appointing an
individual to fill the vacancy or recommending to the President an
individual to be nominated to fill the vacancy.
``(2) NOTE: Applicability. Paragraph (1) applies to the
following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Commandant of the Coast Guard for
Intelligence.''.
SEC. 1015. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5, United
States Code, is amended by adding at the end the following new item:
``Director of National Intelligence.''.
(b) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following new items:
``Principal Deputy Director of National Intelligence.
``Director of the National Counterterrorism Center.
``Director of the National Counter Proliferation Center.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended--
(1) by striking the item relating to the Assistant Directors
of Central Intelligence; and
(2) by adding at the end the following new item:
``General Counsel of the Office of the National Intelligence
Director.''.
SEC. 1016. NOTE: 6 USC 485. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Information sharing council.--The term ``Information
Sharing Council'' means the Information Systems Council
established by Executive Order 13356, or any successor body
designated by the President, and referred to under subsection
(g).
[[Page 3665]]
118 STAT. 3665
(2) Information sharing environment; ise.--The terms
``information sharing environment'' and ``ISE'' mean an approach
that facilitates the sharing of terrorism information, which
approach may include any methods determined necessary and
appropriate for carrying out this section.
(3) Program manager.--The term ``program manager'' means the
program manager designated under subsection (f).
(4) Terrorism information.--The term ``terrorism
information'' means all information, whether collected,
produced, or distributed by intelligence, law enforcement,
military, homeland security, or other activities relating to--
(A) the existence, organization, capabilities,
plans, intentions, vulnerabilities, means of finance or
material support, or activities of foreign or
international terrorist groups or individuals, or of
domestic groups or individuals involved in transnational
terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United
States interests, or to those of other nations;
(C) communications of or by such groups or
individuals; or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals.
(b) NOTE: President. Information Sharing Environment.--
(1) Establishment.--The President shall--
(A) create an information sharing environment for
the sharing of terrorism information in a manner
consistent with national security and with applicable
legal standards relating to privacy and civil liberties;
(B) designate the organizational and management
structures that will be used to operate and manage the
ISE; and
(C) determine and enforce the policies, directives,
and rules that will govern the content and usage of the
ISE.
(2) Attributes.--The President shall, through the structures
described in subparagraphs (B) and (C) of paragraph (1), ensure
that the ISE provides and facilitates the means for sharing
terrorism information among all appropriate Federal, State,
local, and tribal entities, and the private sector through the
use of policy guidelines and technologies. The President shall,
to the greatest extent practicable, ensure that the ISE provides
the functional equivalent of, or otherwise supports, a
decentralized, distributed, and coordinated environment that--
(A) connects existing systems, where appropriate,
provides no single points of failure, and allows users
to share information among agencies, between levels of
government, and, as appropriate, with the private
sector;
(B) ensures direct and continuous online electronic
access to information;
(C) facilitates the availability of information in a
form and manner that facilitates its use in analysis,
investigations and operations;
(D) builds upon existing systems capabilities
currently in use across the Government;
[[Page 3666]]
118 STAT. 3666
(E) employs an information access management
approach that controls access to data rather than just
systems and networks, without sacrificing security;
(F) facilitates the sharing of information at and
across all levels of security;
(G) provides directory services, or the functional
equivalent, for locating people and information;
(H) incorporates protections for individuals'
privacy and civil liberties; and
(I) incorporates strong mechanisms to enhance
accountability and facilitate oversight, including
audits, authentication, and access controls.
(c) Preliminary Report.--Not later than 180 days after the date of
the enactment of this Act, the program manager shall, in consultation
with the Information Sharing Council--
(1) submit to the President and Congress a description of
the technological, legal, and policy issues presented by the
creation of the ISE, and the way in which these issues will be
addressed;
(2) NOTE: Electronic directory. establish an initial
capability to provide electronic directory services, or the
functional equivalent, to assist in locating in the Federal
Government intelligence and terrorism information and people
with relevant knowledge about intelligence and terrorism
information; and
(3) conduct a review of relevant current Federal agency
capabilities, databases, and systems for sharing information.
(d) NOTE: Deadline. President. Guidelines and Requirements.--As
soon as possible, but in no event later than 270 days after the date of
the enactment of this Act, the President shall--
(1) leverage all ongoing efforts consistent with
establishing the ISE and issue guidelines for acquiring,
accessing, sharing, and using information, including guidelines
to ensure that information is provided in its most shareable
form, such as by using tearlines to separate out data from the
sources and methods by which the data are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 1061, issue guidelines
that--
(A) protect privacy and civil liberties in the
development and use of the ISE; and
(B) shall be made public, unless nondisclosure is
clearly necessary to protect national security; and
(3) require the heads of Federal departments and agencies to
promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including over-classification of information and
unnecessary requirements for originator approval,
consistent with applicable laws and regulations; and
(B) providing affirmative incentives for information
sharing.
(e) NOTE: President. Implementation Plan Report.--Not later than
one year after the date of the enactment of this Act, the President
shall, with the assistance of the program manager, submit to Congress a
report containing an implementation plan for the ISE. The report shall
include the following:
(1) A description of the functions, capabilities, resources,
and conceptual design of the ISE, including standards.
[[Page 3667]]
118 STAT. 3667
(2) A description of the impact on enterprise architectures
of participating agencies.
(3) A budget estimate that identifies the incremental costs
associated with designing, testing, integrating, deploying, and
operating the ISE.
(4) A project plan for designing, testing, integrating,
deploying, and operating the ISE.
(5) The policies and directives referred to in subsection
(b)(1)(C), as well as the metrics and enforcement mechanisms
that will be utilized.
(6) Objective, systemwide performance measures to enable the
assessment of progress toward achieving the full implementation
of the ISE.
(7) A description of the training requirements needed to
ensure that the ISE will be adequately implemented and properly
utilized.
(8) A description of the means by which privacy and civil
liberties will be protected in the design and operation of the
ISE.
(9) The recommendations of the program manager, in
consultation with the Information Sharing Council, regarding
whether, and under what conditions, the ISE should be expanded
to include other intelligence information.
(10) A delineation of the roles of the Federal departments
and agencies that will participate in the ISE, including an
identification of the agencies that will deliver the
infrastructure needed to operate and manage the ISE (as distinct
from individual department or agency components that are part of
the ISE), with such delineation of roles to be consistent with--
(A) the authority of the Director of National
Intelligence under this title, and the amendments made
by this title, to set standards for information sharing
throughout the intelligence community; and
(B) the authority of the Secretary of Homeland
Security and the Attorney General, and the role of the
Department of Homeland Security and the Attorney
General, in coordinating with State, local, and tribal
officials and the private sector.
(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for a future
management structure for the ISE, including whether the position
of program manager should continue to remain in existence.
(f) Program Manager.--
(1) NOTE: Deadline. President. Notification. Designation.--
Not later than 120 days after the date of the enactment of this
Act, with notification to Congress, the President shall
designate an individual as the program manager responsible for
information sharing across the Federal Government. The
individual designated as the program manager shall serve as
program manager during the two-year period beginning on the date
of designation under this paragraph unless sooner removed from
service and replaced by the President (at the President's sole
discretion). The program manager shall have and exercise
governmentwide authority.
(2) Duties and responsibilities.--
(A) In general.--The program manager shall, in
consultation with the Information Sharing Council--
[[Page 3668]]
118 STAT. 3668
(i) plan for and oversee the implementation
of, and manage, the ISE;
(ii) assist in the development of policies,
procedures, guidelines, rules, and standards as
appropriate to foster the development and proper
operation of the ISE; and
(iii) assist, monitor, and assess the
implementation of the ISE by Federal departments
and agencies to ensure adequate progress,
technological consistency and policy compliance;
and regularly report the findings to Congress.
(B) Content of policies, procedures, guidelines,
rules, and standards.--The policies, procedures,
guidelines, rules, and standards under subparagraph
(A)(ii) shall--
(i) take into account the varying missions and
security requirements of agencies participating in
the ISE;
(ii) address development, implementation, and
oversight of technical standards and requirements;
(iii) take into account ongoing and planned
efforts that support development, implementation
and management of the ISE;
(iv) address and facilitate information
sharing between and among departments and agencies
of the intelligence community, the Department of
Defense, the homeland security community and the
law enforcement community;
(v) address and facilitate information sharing
between Federal departments and agencies and
State, tribal, and local governments;
(vi) address and facilitate, as appropriate,
information sharing between Federal departments
and agencies and the private sector;
(vii) address and facilitate, as appropriate,
information sharing between Federal departments
and agencies with foreign partners and allies; and
(viii) ensure the protection of privacy and
civil liberties.
(g) Information Sharing Council.--
(1) Establishment.--There is established an Information
Sharing Council that shall assist the President and the program
manager in their duties under this section. The Information
Sharing Council shall serve during the two-year period beginning
on the date of the initial designation of the program manager by
the President under subsection (f)(1), unless sooner removed
from service and replaced by the President (at the sole
discretion of the President) with a successor body.
(2) Specific duties.--In assisting the President and the
program manager in their duties under this section, the
Information Sharing Council shall--
(A) advise the President and the program manager in
developing policies, procedures, guidelines, roles, and
standards necessary to establish, implement, and
maintain the ISE;
(B) work to ensure coordination among the Federal
departments and agencies participating in the ISE in the
[[Page 3669]]
118 STAT. 3669
establishment, implementation, and maintenance of the
ISE;
(C) identify and, as appropriate, recommend the
consolidation and elimination of current programs,
systems, and processes used by Federal departments and
agencies to share information, and recommend, as
appropriate, the redirection of existing resources to
support the ISE;
(D) identify gaps, if any, between existing
technologies, programs and systems used by Federal
departments and agencies to share information and the
parameters of the proposed information sharing
environment;
(E) recommend solutions to address any gaps
identified under subparagraph (D);
(F) recommend means by which the ISE can be extended
to allow interchange of information between Federal
departments and agencies and appropriate authorities of
State and local governments; and
(G) recommend whether or not, and by which means,
the ISE should be expanded so as to allow future
expansion encompassing other relevant categories of
information.
(3) Consultation.--In performing its duties, the Information
Sharing Council shall consider input from persons and entities
outside the Federal Government having significant experience and
expertise in policy, technical matters, and operational matters
relating to the ISE.
(4) Inapplicability of federal advisory committee act.--The
Information Sharing Council shall not be subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C.
App.).
(h) Performance Management Reports.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on the state of the
ISE and of information sharing across the Federal Government.
(2) Content.--Each report under this subsection shall
include--
(A) a progress report on the extent to which the ISE
has been implemented, including how the ISE has fared on
the performance measures and whether the performance
goals set in the preceding year have been met;
(B) objective system-wide performance goals for the
following year;
(C) an accounting of how much was spent on the ISE
in the preceding year;
(D) actions taken to ensure that procurement of and
investments in systems and technology are consistent
with the implementation plan for the ISE;
(E) the extent to which all terrorism watch lists
are available for combined searching in real time
through the ISE and whether there are consistent
standards for placing individuals on, and removing
individuals from, the watch lists, including the
availability of processes for correcting errors;
(F) the extent to which State, tribal, and local
officials are participating in the ISE;
[[Page 3670]]
118 STAT. 3670
(G) the extent to which private sector data,
including information from owners and operators of
critical infrastructure, is incorporated in the ISE, and
the extent to which individuals and entities outside the
government are receiving information through the ISE;
(H) the measures taken by the Federal government to
ensure the accuracy of information in the ISE, in
particular the accuracy of information about
individuals;
(I) an assessment of the privacy and civil liberties
protections of the ISE, including actions taken in the
preceding year to implement or enforce privacy and civil
liberties protections; and
(J) an assessment of the security protections used
in the ISE.
(i) Agency Responsibilities.--The head of each department or agency
that possesses or uses intelligence or terrorism information, operates a
system in the ISE, or otherwise participates (or expects to participate)
in the ISE shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules, and
standards established under subsections (b) and (f);
(2) ensure the provision of adequate resources for systems
and activities supporting operation of and participation in the
ISE;
(3) ensure full department or agency cooperation in the
development of the ISE to implement governmentwide information
sharing; and
(4) submit, at the request of the President or the program
manager, any reports on the implementation of the requirements
of the ISE within such department or agency.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2005 and 2006.
SEC. 1017. ALTERNATIVE NOTE: 50 USC 403-1 note. ANALYSIS OF
INTELLIGENCE BY THE INTELLIGENCE
COMMUNITY.
(a) NOTE: Deadline. Establishment. Guidelines. In General.--Not
later than 180 days after the effective date of this Act, the Director
of National Intelligence shall establish a process and assign an
individual or entity the responsibility for ensuring that, as
appropriate, elements of the intelligence community conduct alternative
analysis (commonly referred to as ``red-team analysis'') of the
information and conclusions in intelligence products.
(b) Report.--Not later than 270 days after the effective date of
this Act, the Director of National Intelligence shall provide a report
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee of the House of Representatives on the implementation
of subsection (a).
SEC. 1018. PRESIDENTIAL NOTE: 50 USC 403 note. GUIDELINES ON
IMPLEMENTATION AND PRESERVATION OF
AUTHORITIES.
The President shall issue guidelines to ensure the effective
implementation and execution within the executive branch of the
authorities granted to the Director of National Intelligence by this
title and the amendments made by this title, in a manner that respects
and does not abrogate the statutory responsibilities of the heads of the
departments of the United States Government concerning such departments,
including, but not limited to:
[[Page 3671]]
118 STAT. 3671
(1) the authority of the Director of the Office of
Management and Budget; and
(2) the authority of the principal officers of the executive
departments as heads of their respective departments, including,
but not limited to, under--
(A) section 199 of the Revised Statutes (22 U.S.C.
2651);
(B) title II of the Department of Energy
Organization Act (42 U.S.C. 7131 et seq.);
(C) the State Department Basic Authorities Act of
1956;
(D) section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)); and
(E) sections 301 of title 5, 113(b) and 162(b) of
title 10, 503 of title 28, and 301(b) of title 31,
United States Code.
SEC. 1019. ASSIGNMENT NOTE: 50 USC 403-1a. OF RESPONSIBILITIES
RELATING TO ANALYTIC INTEGRITY.
(a) NOTE: Deadline. Assignment of Responsibilities.--For
purposes of carrying out section 102A(h) of the National Security Act of
1947 (as added by section 1011(a)), the Director of National
Intelligence shall, not later than 180 days after the date of the
enactment of this Act, assign an individual or entity to be responsible
for ensuring that finished intelligence products produced by any element
or elements of the intelligence community are timely, objective,
independent of political considerations, based upon all sources of
available intelligence, and employ the standards of proper analytic
tradecraft.
(b) Responsibilities.--(1) The individual or entity assigned
responsibility under subsection (a)--
(A) may be responsible for general oversight and management
of analysis and production, but may not be directly responsible
for, or involved in, the specific production of any finished
intelligence product;
(B) shall perform, on a regular basis, detailed reviews of
finished intelligence product or other analytic products by an
element or elements of the intelligence community covering a
particular topic or subject matter;
(C) shall be responsible for identifying on an annual basis
functional or topical areas of analysis for specific review
under subparagraph (B); and
(D) upon completion of any review under subparagraph (B),
may draft lessons learned, identify best practices, or make
recommendations for improvement to the analytic tradecraft
employed in the production of the reviewed product or products.
(2) Each review under paragraph (1)(B) should--
(A) include whether the product or products concerned were
based on all sources of available intelligence, properly
describe the quality and reliability of underlying sources,
properly caveat and express uncertainties or confidence in
analytic judgments, properly distinguish between underlying
intelligence and the assumptions and judgments of analysts, and
incorporate, where appropriate, alternative analyses; and
(B) ensure that the analytic methodologies, tradecraft, and
practices used by the element or elements concerned in the
[[Page 3672]]
118 STAT. 3672
production of the product or products concerned meet the
standards set forth in subsection (a).
(3) Information drafted under paragraph (1)(D) should, as
appropriate, be included in analysis teaching modules and case studies
for use throughout the intelligence community.
(c) Annual Reports.--Not later than December 1 each year, the
Director of National Intelligence shall submit to the congressional
intelligence committees, the heads of the relevant elements of the
intelligence community, and the heads of analytic training departments a
report containing a description, and the associated findings, of each
review under subsection (b)(1)(B) during such year.
(d) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1020. SAFEGUARD NOTE: 50 USC 403-1a note. Deadline. OF
OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a) In General.--Not later than 180 days after the effective date of
this Act, the Director of National Intelligence shall identify an
individual within the Office of the Director of National Intelligence
who shall be available to analysts within the Office of the Director of
National Intelligence to counsel, conduct arbitration, offer
recommendations, and, as appropriate, initiate inquiries into real or
perceived problems of analytic tradecraft or politicization, biased
reporting, or lack of objectivity in intelligence analysis.
(b) Report.--Not later than 270 days after the effective date of
this Act, the Director of National Intelligence shall provide a report
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives on the
implementation of subsection (a).
Subtitle B--National Counterterrorism Center, National Counter
Proliferation Center, and National Intelligence Centers
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.)
is amended by adding at the end the following new section:
``national counterterrorism center
``Sec. 119. (a) NOTE: 50 USC 404o. Establishment of Center.--
There is within the Office of the Director of National Intelligence a
National Counterterrorism Center.
``(b) NOTE: President. Congress. Director of National
Counterterrorism Center.--(1) There is a Director of the National
Counterterrorism Center, who shall be the head of the National
Counterterrorism Center, and who shall be appointed by the President, by
and with the advice and consent of the Senate.
[[Page 3673]]
118 STAT. 3673
``(2) The Director of the National Counterterrorism Center may not
simultaneously serve in any other capacity in the executive branch.
``(c) Reporting.--(1) The Director of the National Counterterrorism
Center shall report to the Director of National Intelligence with
respect to matters described in paragraph (2) and the President with
respect to matters described in paragraph (3).
``(2) The matters described in this paragraph are as follows:
``(A) The budget and programs of the National
Counterterrorism Center.
``(B) The activities of the Directorate of Intelligence of
the National Counterterrorism Center under subsection (h).
``(C) The conduct of intelligence operations implemented by
other elements of the intelligence community; and
``(3) The matters described in this paragraph are the planning and
progress of joint counterterrorism operations (other than intelligence
operations).''.
``(d) Primary Missions.--The primary missions of the National
Counterterrorism Center shall be as follows:
``(1) To serve as the primary organization in the United
States Government for analyzing and integrating all intelligence
possessed or acquired by the United States Government pertaining
to terrorism and counterterrorism, excepting intelligence
pertaining exclusively to domestic terrorists and domestic
counterterrorism.
``(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments of
national power, including diplomatic, financial, military,
intelligence, homeland security, and law enforcement activities
within and among agencies.
``(3) To assign roles and responsibilities as part of its
strategic operational planning duties to lead Departments or
agencies, as appropriate, for counterterrorism activities that
are consistent with applicable law and that support
counterterrorism strategic operational plans, but shall not
direct the execution of any resulting operations.
``(4) To ensure that agencies, as appropriate, have access
to and receive all-source intelligence support needed to execute
their counterterrorism plans or perform independent, alternative
analysis.
``(5) To ensure that such agencies have access to and
receive intelligence needed to accomplish their assigned
activities.
``(6) To serve as the central and shared knowledge bank on
known and suspected terrorists and international terror groups,
as well as their goals, strategies, capabilities, and networks
of contacts and support.
``(e) Domestic Counterterrorism Intelligence.--(1) The Center may,
consistent with applicable law, the direction of the President, and the
guidelines referred to in section 102A(b), receive intelligence
pertaining exclusively to domestic counterterrorism from any Federal,
State, or local government or other source necessary to fulfill its
responsibilities and retain and disseminate such intelligence.
``(2) Any agency authorized to conduct counterterrorism activities
may request information from the Center to assist it in its
[[Page 3674]]
118 STAT. 3674
responsibilities, consistent with applicable law and the guidelines
referred to in section 102A(b).
``(f) Duties and Responsibilities of Director.--(1) The Director of
the National Counterterrorism Center shall--
``(A) serve as the principal adviser to the Director of
National Intelligence on intelligence operations relating to
counterterrorism;
``(B) provide strategic operational plans for the civilian
and military counterterrorism efforts of the United States
Government and for the effective integration of counterterrorism
intelligence and operations across agency boundaries, both
inside and outside the United States;
``(C) advise the Director of National Intelligence on the
extent to which the counterterrorism program recommendations and
budget proposals of the departments, agencies, and elements of
the United States Government conform to the priorities
established by the President;
``(D) disseminate terrorism information, including current
terrorism threat analysis, to the President, the Vice President,
the Secretaries of State, Defense, and Homeland Security, the
Attorney General, the Director of the Central Intelligence
Agency, and other officials of the executive branch as
appropriate, and to the appropriate committees of Congress;
``(E) support the Department of Justice and the Department
of Homeland Security, and other appropriate agencies, in
fulfillment of their responsibilities to disseminate terrorism
information, consistent with applicable law, guidelines referred
to in section 102A(b), Executive orders and other Presidential
guidance, to State and local government officials, and other
entities, and coordinate dissemination of terrorism information
to foreign governments as approved by the Director of National
Intelligence;
``(F) develop a strategy for combining terrorist travel
intelligence operations and law enforcement planning and
operations into a cohesive effort to intercept terrorists, find
terrorist travel facilitators, and constrain terrorist mobility;
``(G) have primary responsibility within the United States
Government for conducting net assessments of terrorist threats;
``(H) consistent with priorities approved by the President,
assist the Director of National Intelligence in establishing
requirements for the intelligence community for the collection
of terrorism information; and
``(I) perform such other duties as the Director of National
Intelligence may prescribe or are prescribed by law.
``(2) Nothing in paragraph (1)(G) shall limit the authority of the
departments and agencies of the United States to conduct net
assessments.
``(g) Limitation.--The Director of the National Counterterrorism
Center may not direct the execution of counterterrorism operations.
``(h) Resolution of Disputes.--The Director of National Intelligence
shall resolve disagreements between the National Counterterrorism Center
and the head of a department, agency, or element of the United States
Government on designations, assignments, plans, or responsibilities
under this section. The head of such a department, agency, or element
may appeal the resolution
[[Page 3675]]
118 STAT. 3675
of the disagreement by the Director of National Intelligence to the
President.
``(i) NOTE: Establishment. Directorate of Intelligence.--The
Director of the National Counterterrorism Center shall establish and
maintain within the National Counterterrorism Center a Directorate of
Intelligence which shall have primary responsibility within the United
States Government for analysis of terrorism and terrorist organizations
(except for purely domestic terrorism and domestic terrorist
organizations) from all sources of intelligence, whether collected
inside or outside the United States.
``(j) NOTE: Establishment. Directorate of Strategic Operational
Planning.--(1) The Director of the National Counterterrorism Center
shall establish and maintain within the National Counterterrorism Center
a Directorate of Strategic Operational Planning which shall provide
strategic operational plans for counterterrorism operations conducted by
the United States Government.
``(2) Strategic operational planning shall include the mission,
objectives to be achieved, tasks to be performed, interagency
coordination of operational activities, and the assignment of roles and
responsibilities.
``(3) The Director of the National Counterterrorism Center shall
monitor the implementation of strategic operational plans, and shall
obtain information from each element of the intelligence community, and
from each other department, agency, or element of the United States
Government relevant for monitoring the progress of such entity in
implementing such plans.''.
SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
Title I of the National Security Act of 1947, as amended by section
1021 of this Act, is further amended by adding at the end the following
new section:
``national counter proliferation center
``Sec. 119A. (a) NOTE: Deadline. President. 50 USC 404o-
1. Establishment.--Not later than 18 months after the date of the
enactment of the National Security Intelligence Reform Act of 2004, the
President shall establish a National Counter Proliferation Center,
taking into account all appropriate government tools to prevent and halt
the proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
``(b) Missions and Objectives.--In establishing the National Counter
Proliferation Center, the President shall address the following missions
and objectives to prevent and halt the proliferation of weapons of mass
destruction, their delivery systems, and related materials and
technologies:
``(1) Establishing a primary organization within the United
States Government for analyzing and integrating all intelligence
possessed or acquired by the United States pertaining to
proliferation.
``(2) Ensuring that appropriate agencies have full access to
and receive all-source intelligence support needed to execute
their counter proliferation plans or activities, and perform
independent, alternative analyses.
``(3) Establishing a central repository on known and
suspected proliferation activities, including the goals,
strategies, capabilities, networks, and any individuals, groups,
or entities engaged in proliferation.
[[Page 3676]]
118 STAT. 3676
``(4) Disseminating proliferation information, including
proliferation threats and analyses, to the President, to the
appropriate departments and agencies, and to the appropriate
committees of Congress.
``(5) Conducting net assessments and warnings about the
proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
``(6) Coordinating counter proliferation plans and
activities of the various departments and agencies of the United
States Government to prevent and halt the proliferation of
weapons of mass destruction, their delivery systems, and related
materials and technologies.
``(7) Conducting strategic operational counter proliferation
planning for the United States Government to prevent and halt
the proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
``(c) National Security Waiver.--The President may waive the
requirements of this section, and any parts thereof, if the President
determines that such requirements do not materially improve the ability
of the United States Government to prevent and halt the proliferation of
weapons of mass destruction, their delivery systems, and related
materials and technologies. Such waiver shall be made in writing to
Congress and shall include a description of how the missions and
objectives in subsection (b) are being met.
``(d) NOTE: President. Report to Congress.--(1) Not later than
nine months after the implementation of this Act, the President shall
submit to Congress, in classified form if necessary, the findings and
recommendations of the President's Commission on Weapons of Mass
Destruction established by Executive Order in February 2004, together
with the views of the President regarding the establishment of a
National Counter Proliferation Center.
``(2) If the President decides not to exercise the waiver authority
granted by subsection (c), the President shall submit to Congress from
time to time updates and plans regarding the establishment of a National
Counter Proliferation Center.
``(e) Sense of Congress.--It is the sense of Congress that a central
feature of counter proliferation activities, consistent with the
President's Proliferation Security Initiative, should include the
physical interdiction, by air, sea, or land, of weapons of mass
destruction, their delivery systems, and related materials and
technologies, and enhanced law enforcement activities to identify and
disrupt proliferation networks, activities, organizations, and
persons.''.
SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
Title I of the National Security Act of 1947, as amended by section
1022 of this Act, is further amended by adding at the end the following
new section:
``national intelligence centers
``Sec. 119B. (a) NOTE: 50 USC 404o-2. Authority To Establish.--
The Director of National Intelligence may establish one or more national
intelligence centers to address intelligence priorities, including, but
not limited to, regional issues.
``(b) Resources of Directors of Centers.--(1) The Director of
National Intelligence shall ensure that the head of each national
[[Page 3677]]
118 STAT. 3677
intelligence center under subsection (a) has appropriate authority,
direction, and control of such center, and of the personnel assigned to
such center, to carry out the assigned mission of such center.
``(2) The Director of National Intelligence shall ensure that each
national intelligence center has appropriate personnel to accomplish
effectively the mission of such center.
``(c) Information Sharing.--The Director of National Intelligence
shall, to the extent appropriate and practicable, ensure that each
national intelligence center under subsection (a) and the other elements
of the intelligence community share information in order to facilitate
the mission of such center.
``(d) Mission of Centers.--Pursuant to the direction of the Director
of National Intelligence, each national intelligence center under
subsection (a) may, in the area of intelligence responsibility assigned
to such center--
``(1) have primary responsibility for providing all-source
analysis of intelligence based upon intelligence gathered both
domestically and abroad;
``(2) have primary responsibility for identifying and
proposing to the Director of National Intelligence intelligence
collection and analysis and production requirements; and
``(3) perform such other duties as the Director of National
Intelligence shall specify.
``(e) Review and Modification of Centers.--The Director of National
Intelligence shall determine on a regular basis whether--
``(1) the area of intelligence responsibility assigned to
each national intelligence center under subsection (a) continues
to meet appropriate intelligence priorities; and
``(2) the staffing and management of such center remains
appropriate for the accomplishment of the mission of such
center.
``(f) Termination.--The Director of National Intelligence may
terminate any national intelligence center under subsection (a).
``(g) Separate Budget Account.--The Director of National
Intelligence shall, as appropriate, include in the National Intelligence
Program budget a separate line item for each national intelligence
center under subsection (a).''.
Subtitle C--Joint Intelligence Community Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.)
is amended by inserting after section 101 the following new section:
``joint intelligence community council
``Sec. 101A. (a) NOTE: 50 USC 402-1. Joint Intelligence
Community Council.--There is a Joint Intelligence
Community NOTE: Establishment. Council.
``(b) Membership.--The Joint Intelligence Community Council shall
consist of the following:
``(1) The Director of National Intelligence, who shall chair
the Council.
``(2) The Secretary of State.
``(3) The Secretary of the Treasury.
[[Page 3678]]
118 STAT. 3678
``(4) The Secretary of Defense.
``(5) The Attorney General.
``(6) The Secretary of Energy.
``(7) The Secretary of Homeland Security.
``(8) Such other officers of the United States Government as
the President may designate from time to time.
``(c) Functions.--The Joint Intelligence Community Council shall
assist the Director of National Intelligence in developing and
implementing a joint, unified national intelligence effort to protect
national security by--
``(1) advising the Director on establishing requirements,
developing budgets, financial management, and monitoring and
evaluating the performance of the intelligence community, and on
such other matters as the Director may request; and
``(2) ensuring the timely execution of programs, policies,
and directives established or developed by the Director.
``(d) Meetings.--The Director of National Intelligence shall convene
regular meetings of the Joint Intelligence Community Council.
``(e) Advice and Opinions of Members Other Than Chairman.--(1) A
member of the Joint Intelligence Community Council (other than the
Chairman) may submit to the Chairman advice or an opinion in
disagreement with, or advice or an opinion in addition to, the advice
presented by the Director of National Intelligence to the President or
the National Security Council, in the role of the Chairman as Chairman
of the Joint Intelligence Community Council. If a member submits such
advice or opinion, the Chairman shall present the advice or opinion of
such member at the same time the Chairman presents the advice of the
Chairman to the President or the National Security Council, as the case
may be.
``(2) NOTE: Procedures. The Chairman shall establish procedures
to ensure that the presentation of the advice of the Chairman to the
President or the National Security Council is not unduly delayed by
reason of the submission of the individual advice or opinion of another
member of the Council.
``(f) Recommendations to Congress.--Any member of the Joint
Intelligence Community Council may make such recommendations to Congress
relating to the intelligence community as such member considers
appropriate.''.
Subtitle D--Improvement of Education for the Intelligence Community
SEC. 1041. ADDITIONAL NOTE: 50 USC 403-1b. EDUCATION AND
TRAINING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Foreign language education is essential for the
development of a highly-skilled workforce for the intelligence
community.
(2) Since September 11, 2001, the need for language
proficiency levels to meet required national security functions
has been raised, and the ability to comprehend and articulate
technical and scientific information in foreign languages has
become critical.
(b) Linguistic Requirements.--(1) The Director of National
Intelligence shall--
[[Page 3679]]
118 STAT. 3679
(A) identify the linguistic requirements for the Office of
the Director of National Intelligence;
(B) identify specific requirements for the range of
linguistic skills necessary for the intelligence community,
including proficiency in scientific and technical vocabularies
of critical foreign languages; and
(C) develop a comprehensive plan for the Office to meet such
requirements through the education, recruitment, and training of
linguists.
(2) In carrying out activities under paragraph (1), the Director
shall take into account education grant programs of the Department of
Defense and the Department of Education that are in existence as of the
date of the enactment of this Act.
(3) NOTE: Deadline. Reports. Not later than one year after the
date of the enactment of this Act, and annually thereafter, the Director
shall submit to Congress a report on the requirements identified under
paragraph (1), including the success of the Office of the Director of
National Intelligence in meeting such
requirements. NOTE: Notification. Each report shall notify Congress
of any additional resources determined by the Director to be required to
meet such requirements.
(4) Each report under paragraph (3) shall be in unclassified form,
but may include a classified annex.
(c) Professional Intelligence Training.--The Director of National
Intelligence shall require the head of each element and component within
the Office of the Director of National Intelligence who has
responsibility for professional intelligence training to periodically
review and revise the curriculum for the professional intelligence
training of the senior and intermediate level personnel of such element
or component in order to--
(1) strengthen the focus of such curriculum on the
integration of intelligence collection and analysis throughout
the Office; and
(2) prepare such personnel for duty with other departments,
agencies, and elements of the intelligence community.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
Title X of the National Security Act of 1947 (50 U.S.C. 441g) is
amended by adding at the end the following new section:
``framework for cross-disciplinary education and training
``Sec. 1002. NOTE: 50 USC 441g-1. The Director of National
Intelligence shall establish an integrated framework that brings
together the educational components of the intelligence community in
order to promote a more effective and productive intelligence community
through cross-disciplinary education and joint training.''.
SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
Title X of the National Security Act of 1947, as amended by section
1042 of this Act, is further amended by adding at the end the following
new section:
``intelligence community scholarship program
``Sec. 1003. (a) NOTE: 50 USC 441g-2. Establishment.--
``(1) In general.--The Director of National Intelligence, in
consultation with the head of each agency of the intelligence
community, shall establish a scholarship program (to be known as
the `Intelligence Community Scholarship Program') to award
[[Page 3680]]
118 STAT. 3680
scholarships to individuals that is designed to recruit and
prepare students for civilian careers in the intelligence
community to meet the critical needs of the intelligence
community agencies.
``(2) Selection of recipients.--
``(A) Merit and agency needs.--Individuals shall be
selected to receive scholarships under this section
through a competitive process primarily on the basis of
academic merit and the needs of the agency.
``(B) Demonstrated commitment.--Individuals selected
under this section shall have a demonstrated commitment
to the field of study for which the scholarship is
awarded.
``(3) Contractual agreements.--To carry out the Program the
head of each agency shall enter into contractual agreements with
individuals selected under paragraph (2) under which the
individuals agree to serve as full-time employees of the agency,
for the period described in subsection (g)(1), in positions
needed by the agency and for which the individuals are
qualified, in exchange for receiving a scholarship.
``(b) Eligibility.--In order to be eligible to participate in the
Program, an individual shall--
``(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education and be pursuing or
intend to pursue undergraduate or graduate education in an
academic field or discipline described in the list made
available under subsection (d);
``(2) be a United States citizen; and
``(3) at the time of the initial scholarship award, not be
an employee (as defined under section 2105 of title 5, United
States Code).
``(c) Application.-- An individual seeking a scholarship under this
section shall submit an application to the Director of National
Intelligence at such time, in such manner, and containing such
information, agreements, or assurances as the Director may require.
``(d) Programs and Fields of Study.--The Director of National
Intelligence shall--
``(1) make publicly available a list of academic programs
and fields of study for which scholarships under the Program may
be used; and
``(2) update the list as necessary.
``(e) Scholarships.--
``(1) In general.--The Director of National Intelligence may
provide a scholarship under the Program for an academic year if
the individual applying for the scholarship has submitted to the
Director, as part of the application required under subsection
(c), a proposed academic program leading to a degree in a
program or field of study on the list made available under
subsection (d).
``(2) Limitation on years.--An individual may not receive a
scholarship under this section for more than 4 academic years,
unless the Director of National Intelligence grants a waiver.
``(3) Student responsibilities.--Scholarship recipients
shall maintain satisfactory academic progress.
``(4) Amount.--The dollar amount of a scholarship under this
section for an academic year shall be determined under
[[Page 3681]]
118 STAT. 3681
regulations issued by the Director of National Intelligence, but
shall in no case exceed the cost of tuition, fees, and other
authorized expenses as established by the Director.
``(5) Use of scholarships.--A scholarship provided under
this section may be expended for tuition, fees, and other
authorized expenses as established by the Director of National
Intelligence by regulation.
``(6) Payment to institution of higher education.--The
Director of National Intelligence may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid directly
to the institution with respect to which the scholarship is
provided.
``(f) Special Consideration for Current Employees.--
``(1) Set aside of scholarships.--Notwithstanding paragraphs
(1) and (3) of subsection (b), 10 percent of the scholarships
awarded under this section shall be set aside for individuals
who are employees of agencies on the date of enactment of this
section to enhance the education of such employees in areas of
critical needs of agencies.
``(2) Full- or part-time education.--Employees who are
awarded scholarships under paragraph (1) shall be permitted to
pursue undergraduate or graduate education under the scholarship
on a full-time or part-time basis.
``(g) Employee Service.--
``(1) Period of service.--Except as provided in subsection
(i)(2), the period of service for which an individual shall be
obligated to serve as an employee of the agency is 24 months for
each academic year for which a scholarship under this section is
provided. Under no circumstances shall the total period of
obligated service be more than 8 years.
``(2) Beginning of service.--
``(A) In general.--Except as provided in
subparagraph (B), obligated service under paragraph (1)
shall begin not later than 60 days after the individual
obtains the educational degree for which the scholarship
was provided.
``(B) Deferral.--In accordance with regulations
established by the Director of National Intelligence,
the Director or designee may defer the obligation of an
individual to provide a period of service under
paragraph (1) if the Director or designee determines
that such a deferral is appropriate.
``(h) Repayment.--
``(1) In general.--Scholarship recipients who fail to
maintain a high level of academic standing, as defined by the
Director of National Intelligence, who are dismissed from their
educational institutions for disciplinary reasons, or who
voluntarily terminate academic training before graduation from
the educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in lieu
of any service obligation arising under such agreement, shall be
liable to the United States for repayment within 1 year after
the date of default of all scholarship funds paid to them and to
the institution of higher education on their behalf under the
agreement, except as provided in subsection (i)(2). The
[[Page 3682]]
118 STAT. 3682
repayment period may be extended by the Director when determined
to be necessary, as established by regulation.
``(2) Liability.--Scholarship recipients who, for any
reason, fail to begin or complete their service obligation after
completion of academic training, or fail to comply with the
terms and conditions of deferment established by the Director of
National Intelligence under subsection (i)(2)(B), shall be in
breach of their contractual agreement. When recipients breach
their agreements for the reasons stated in the preceding
sentence, the recipient shall be liable to the United States for
an amount equal to--
``(A) the total amount of scholarships received by
such individual under this section; and
``(B) the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the maximum
legal prevailing rate, as determined by the Treasurer of
the United States, multiplied by 3.
``(i) Cancellation, Waiver, or Suspension of Obligation.--
``(1) Cancellation.--Any obligation of an individual
incurred under the Program (or a contractual agreement
thereunder) for service or payment shall be canceled upon the
death of the individual.
``(2) Waiver or suspension.--The Director of National
Intelligence shall prescribe regulations to provide for the
partial or total waiver or suspension of any obligation of
service or payment incurred by an individual under the Program
(or a contractual agreement thereunder) whenever compliance by
the individual is impossible or would involve extreme hardship
to the individual, or if enforcement of such obligation with
respect to the individual would be contrary to the best
interests of the Government.
``(j) Regulations.--The Director of National Intelligence shall
prescribe regulations necessary to carry out this section.
``(k) Definitions.--In this section:
``(1) Agency.--The term `agency' means each element of the
intelligence community as determined by the Director of National
Intelligence.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term under section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) Program.--The term `Program' means the Intelligence
Community Scholarship Program established under subsection
(a).''.
Subtitle E--Additional Improvements of Intelligence Activities
SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE
COMMUNITY.
The Director of National Intelligence, in cooperation with the
Secretary of Defense and the Secretary of Energy, should seek to ensure
that each service laboratory of the Department of Defense and each
national laboratory of the Department of Energy may,
[[Page 3683]]
118 STAT. 3683
acting through the relevant Secretary and in a manner consistent with
the missions and commitments of the laboratory--
(1) assist the Director of National Intelligence in all
aspects of technical intelligence, including research, applied
sciences, analysis, technology evaluation and assessment, and
any other aspect that the relevant Secretary considers
appropriate; and
(2) make available to the intelligence community, on a
community-wide basis--
(A) the analysis and production services of the
service and national laboratories, in a manner that
maximizes the capacity and services of such
laboratories; and
(B) the facilities and human resources of the
service and national laboratories, in a manner that
improves the technological capabilities of the
intelligence community.
SEC. 1052. OPEN-SOURCE INTELLIGENCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Director of National Intelligence should establish
an intelligence center for the purpose of coordinating the
collection, analysis, production, and dissemination of open-
source intelligence to elements of the intelligence community;
(2) open-source intelligence is a valuable source that must
be integrated into the intelligence cycle to ensure that United
States policymakers are fully and completely informed; and
(3) the intelligence center should ensure that each element
of the intelligence community uses open-source intelligence
consistent with the mission of such element.
(b) NOTE: 50 USC 403-1 note. Requirement for Efficient Use by
Intelligence Community of Open-source Intelligence.--The Director of
National Intelligence shall ensure that the intelligence community makes
efficient and effective use of open-source information and analysis.
(c) Report.--Not later than June 30, 2005, the Director of National
Intelligence shall submit to the congressional intelligence committees a
report containing the decision of the Director as to whether an open-
source intelligence center will be established. If the Director decides
not to establish an open-source intelligence center, such report shall
also contain a description of how the intelligence community will use
open-source intelligence and effectively integrate open-source
intelligence into the national intelligence cycle.
(d) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1053. NOTE: 50 USC 403-1c. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) Establishment.--The Director of National Intelligence may
provide for the establishment and training of a National Intelligence
Reserve Corps (in this section referred to as ``National Intelligence
Reserve Corps'') for the temporary reemployment on a voluntary basis of
former employees of elements of the intelligence community during
periods of emergency, as determined by the Director.
[[Page 3684]]
118 STAT. 3684
(b) Eligible Individuals.--An individual may participate in the
National Intelligence Reserve Corps only if the individual previously
served as a full time employee of an element of the intelligence
community.
(c) Terms of Participation.--The Director of National Intelligence
shall prescribe the terms and conditions under which eligible
individuals may participate in the National Intelligence Reserve Corps.
(d) Expenses.--The Director of National Intelligence may
provide members of the National Intelligence Reserve Corps
transportation and per diem in lieu of subsistence for purposes of
participating in any training that relates to service as a member of the
Reserve Corps.
(e) Treatment of Annuitants.--(1) If an annuitant receiving an
annuity from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity shall not
be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an employee
for the purposes of chapter 83 or 84 of title 5, United States Code.
(f) Treatment Under Office of Director of National Intelligence
Personnel Ceiling.--A member of the National Intelligence Reserve Corps
who is reemployed on a temporary basis pursuant to this section shall
not count against any personnel ceiling applicable to the Office of the
Director of National Intelligence.
Subtitle F--Privacy and Civil Liberties
SEC. 1061. PRIVACY NOTE: 5 USC 601 note. AND CIVIL LIBERTIES
OVERSIGHT BOARD.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) In conducting the war on terrorism, the Federal
Government may need additional powers and may need to enhance
the use of its existing powers.
(2) This potential shift of power and authority to the
Federal Government calls for an enhanced system of checks and
balances to protect the precious liberties that are vital to our
way of life.
(b) Establishment of Board.--There is established within the
Executive Office of the President a Privacy and Civil Liberties
Oversight Board (referred to in this section as the ``Board'').
(c) Functions.--
(1) Advice and counsel on development and implementation of
policy.--For the purpose of providing advice to the President or
to the head of any department or agency of the executive branch,
the Board shall--
(A) review proposed regulations and executive branch
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under subsections (d) and
(f) of section 1016;
(B) review the implementation of laws, regulations,
and executive branch policies related to efforts to
protect the Nation from terrorism, including the
implementation
[[Page 3685]]
118 STAT. 3685
of information sharing guidelines under subsections (d)
and (f) of section 1016;
(C) advise the President and the head of any
department or agency of the executive branch to ensure
that privacy and civil liberties are appropriately
considered in the development and implementation of such
regulations and executive branch policies; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the department, agency, or element of the
executive branch concerned has explained--
(i) that there is adequate supervision of the
use by the executive branch of the power to ensure
protection of privacy and civil liberties;
(ii) that there are adequate guidelines and
oversight to properly confine the use of the
power; and
(iii) that the need for the power, including
the risk presented to the national security if the
Federal Government does not take certain actions,
is balanced with the need to protect privacy and
civil liberties.
(2) Oversight.--The Board shall continually review--
(A) regulations, executive branch policies, and
procedures (including the implementation of such
regulations, policies, and procedures), related laws
pertaining to efforts to protect the Nation from
terrorism, and other actions by the executive branch
related to efforts to protect the Nation from terrorism
to ensure that privacy and civil liberties are
protected; and
(B) the information sharing practices of the
departments, agencies, and elements of the executive
branch to determine whether or not such practices
appropriately protect privacy and civil liberties and
adhere to the information sharing guidelines under
subsections (d) and (f) of section 1016 and to other
applicable laws, regulations, and executive branch
policies regarding the protection of privacy and civil
liberties.
(3) Scope.--The Board shall ensure that concerns with
respect to privacy and civil liberties are appropriately
considered in the implementation of laws, regulations, and
executive branch policies related to efforts to protect the
Nation against terrorism.
(4) Reports to congress.--Not less frequently than annually,
the Board shall prepare a report to Congress, unclassified to
the greatest extent possible (with a classified annex, if
necessary), on the Board's major activities during the preceding
period.
(d) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this section,
the Board is authorized, to the extent permitted by law, to--
(A) have access from any department or agency of the
executive branch, or any Federal officer or employee of
any such department or agency, to all relevant records,
reports, audits, reviews, documents, papers,
recommendations, or other relevant material, including
classified information consistent with applicable law;
[[Page 3686]]
118 STAT. 3686
(B) interview or take statements from officers of
any department or agency of the executive branch;
(C) request information or assistance from any
State, tribal, or local government; and
(D)(i) request that persons (other than departments,
agencies, and elements of the executive branch) produce
for the Board relevant information, documents, reports,
answers, records, accounts, papers, and other
documentary and testimonial evidence; and
(ii) NOTE: Deadline. Notification. if the person
to whom such a request is directed does not comply with
the request within 45 days of receipt of such request,
notify the Attorney General of such person's failure to
comply with such request, which notice shall include all
relevant information.
(2) Production of information and evidence.--
(A) Explanation of noncompliance.--Upon receiving
notification under paragraph (1)(D)(ii) regarding a
request, the Attorney General shall provide an
opportunity for the person subject to the request to
explain the reasons for not complying with the request.
(B) Action by attorney general.--Upon receiving
notification under paragraph (1)(D)(ii) regarding a
request, the Attorney General shall review the request
and may take such steps as appropriate to ensure
compliance with the request for the information,
documents, reports, answers, records, accounts, papers,
and other documentary and testimonial evidence covered
by the request.
(3) NOTE: Reports. Agency cooperation.--Whenever
information or assistance requested under subparagraph (A) or
(B) of paragraph (1) is, in the judgment of the Board,
unreasonably refused or not provided, the Board shall report the
circumstances to the head of the department or agency concerned
without delay. If the requested information or assistance may be
provided to the Board in accordance with applicable law, the
head of the department or agency concerned shall ensure
compliance with such request.
(4) Exceptions for national security.--
(A) In general.--If the National Intelligence
Director, in consultation with the Attorney General,
determines that it is necessary to withhold information
requested under paragraph (3) to protect the national
security interests of the United States, the head of the
department or agency concerned shall not furnish such
information to the Board.
(B) Certain information.--If the Attorney General
determines that it is necessary to withhold information
requested under paragraph (3) from disclosure to protect
sensitive law enforcement or counterterrorism
information or ongoing operations, the head of the
department or agency concerned shall not furnish such
information to the Board.
(e) Membership.--
(1) Members.--
(A) NOTE: President. In general.--The Board
shall be composed of a chairman, a vice chairman, and
three additional members appointed by the President.
(B) NOTE: President. Congress. Chairman and vice
chairman.--The chairman and vice chairman shall each be
appointed by the President, by and with the advice and
consent of the Senate.
[[Page 3687]]
118 STAT. 3687
(C) Appointment requirements.--Any individual
appointed to the Board shall be appointed from among
trustworthy and distinguished citizens outside the
Federal Government who are qualified on the basis of
achievement, experience, and independence.
(D) Full-time service of chairman.--The chairman may
serve on a full-time basis.
(E) Service at pleasure of president.--The chairman,
vice chairman, and other members of the Board shall each
serve at the pleasure of the President.
(2) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
(3) Quorum and meetings.--The Board shall meet upon the call
of the chairman or a majority of its members. Three members of
the Board shall constitute a quorum.
(f) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman on full-time basis.--If the chairman
serves on a full-time basis, the rate of pay for the
chairman shall be the annual rate of basic pay in effect
for a position at level III of the Executive Schedule
under section 5314 of title 5, United States Code.
(B) Chairman and vice chairman on part-time basis.--
The chairman, if serving on a part-time basis, and the
vice chairman shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay in
effect for a position at level III of the Executive
Schedule under section 5314 of title 5, United States
Code, for each day during which such official is engaged
in the actual performance of the duties of the Board.
(C) Members.--Each member of the Board shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day during which
that member is engaged in the actual performance of the
duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Federal Government under section 5703(b) of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(g) Staff.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such other
personnel as may be necessary to enable the Board to carry out
its functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
[[Page 3688]]
118 STAT. 3688
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Detailees.--Federal employees may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants in
accordance with section 3109 of title 5, United States Code, at
rates that do not exceed the daily rate paid a person occupying
a position at level IV of the Executive Schedule under section
5315 of such title.
(h) Security Clearances.--The appropriate departments and agencies
of the executive branch shall cooperate with the Board to expeditiously
provide Board members and staff with appropriate security clearances to
the extent possible under applicable procedures and requirements.
Promptly upon commencing its work, the Board shall adopt, after
consultation with the Secretary of Defense, the Attorney General, and
the National Intelligence Director, rules and procedures of the Board
for physical, communications, computer, document, personnel, and other
security in relation to the work of the Board.
(i) Applicability of Certain Laws.--
(1) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to
the Board and its activities.
(2) Freedom of information act.--For purposes of the Freedom
of Information Act, the Board shall be treated as an agency (as
that term is defined in section 551(1) of title 5, United States
Code).
(j) Construction.--Except as otherwise provided in this section,
nothing in this section shall be construed to require any consultation
with the Board by any department or agency of the executive branch or
any Federal officer or employee, or any waiting period that must be
observed by any department or agency of the executive branch or any
Federal officer or employee, before developing, proposing, or
implementing any legislation, law, regulation, policy, or guideline
related to efforts to protect the Nation from terrorism.
(k) Presidential Responsibility.--The Board shall perform its
functions within the executive branch and under the general supervision
of the President.
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL
LIBERTIES OFFICERS.
It is the sense of Congress that each executive department or agency
with law enforcement or antiterrorism functions should designate a
privacy and civil liberties officer.
[[Page 3689]]
118 STAT. 3689
Subtitle G--Conforming and Other Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF
NATIONAL INTELLIGENCE AND DIRECTOR OF
THE CENTRAL INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of
Central Intelligence'' each place it appears in the following provisions
and inserting ``Director of National Intelligence'':
(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(D) Section 101(j) (50 U.S.C. 402(j)).
(E) Section 105(a) (50 U.S.C. 403-5(a)).
(F) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(H) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place
it appears.
(I) Section 110(b) (50 U.S.C. 404e(b)).
(J) Section 110(c) (50 U.S.C. 404e(c)).
(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(Q) Section 115(b) (50 U.S.C. 404j(b)).
(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(S) Section 116(a) (50 U.S.C. 404k(a)).
(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(U) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(V) Section 501(d) (50 U.S.C. 413(d)).
(W) Section 502(a) (50 U.S.C. 413a(a)).
(X) Section 502(c) (50 U.S.C. 413a(c)).
(Y) Section 503(b) (50 U.S.C. 413b(b)).
(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(CC) Section 603(a) (50 U.S.C. 423(a)).
(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(EE) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it
appears.
(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(HH) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(MM) Section 1001(a) (50 U.S.C. 441g(a)).
(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
[[Page 3690]]
118 STAT. 3690
(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place
it appears.
(3) That Act is further amended by striking ``Director'' each place
it appears in the following provisions and inserting ``Director of
National Intelligence'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by
striking ``Director of Central Intelligence'' and inserting ``Director
of National Intelligence, the Director of the Central Intelligence
Agency''
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended
by striking ``Director of Central Intelligence'' and inserting
``Director of the Central Intelligence Agency''.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational files of
the Central Intelligence Agency may be exempted by the Director
of Central Intelligence'' and inserting ``The Director of the
Central Intelligence Agency, with the coordination of the
Director of National Intelligence, may exempt operational files
of the Central Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency and the Director of National Intelligence''.
(7) The heading for section 114 of that Act (50 U.S.C. 404i) is
amended to read as follows:
``additional annual reports from the director of national
intelligence''.
(b) Central Intelligence Agency Act of 1949.--(1) The Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by
striking ``Director of Central Intelligence'' each place it appears in
the following provisions and inserting ``Director of National
Intelligence'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it
appears.
(2) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ``Director of Central
Intelligence'' each place it appears in the following provisions and
inserting ``Director of the Central Intelligence Agency'':
[[Page 3691]]
118 STAT. 3691
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section 101 of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended
by striking paragraph (2) and inserting the following new paragraph (2):
``(2) Director.--The term `Director' means the Director of
the Central Intelligence Agency.''.
(d) NOTE: 50 USC 403-4 note. CIA Voluntary Separation Pay Act.--
Subsection (a)(1) of section 2 of the Central Intelligence Agency
Voluntary Separation Pay Act (50 U.S.C. 2001 note) is amended to read as
follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by striking ``Director of Central Intelligence'' each place it
appears and inserting ``Director of National Intelligence''.
(f) Classified Information Procedures Act.--Section 9(a) of the
Classified Information Procedures Act NOTE: 18 USC app. 9. (5 U.S.C.
App.) is amended by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994 (title
VIII of Public Law 103-359) NOTE: 50 USC 402a. is amended by
striking ``Director of Central Intelligence'' and inserting
``Director of National Intelligence''.
(2) Public law 107-306.--(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306) is amended by
striking ``Director of Central Intelligence, acting as the head
of the intelligence community,'' each place it appears in the
following provisions and inserting ``Director of National
Intelligence'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iii) Section 904(h) (50 U.S.C. 402c(h)), each place
it appears.
(iv) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is amended by
striking ``Director of Central Intelligence, acting as the head
of the intelligence community, shall establish in the Central
Intelligence Agency'' and inserting ``Director of National
Intelligence shall establish within the Central Intelligence
Agency''.
(D) Section 352(b) of that Act NOTE: 50 USC 403-3
note. (50 U.S.C. 404-3 note) is amended by striking
``Director'' and inserting ``Director of National
Intelligence''.
[[Page 3692]]
118 STAT. 3692
(3) Public law 108-177.--(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``Director of
National Intelligence'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places
it appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ``Director'' the first place it appears and
inserting ``Director of National Intelligence''.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is amended
by striking ``Director of Central Intelligence'' and inserting
``Director of the Central Intelligence Agency''.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) National Security Act of 1947.--(1) Section 101(j) of the
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking
``Deputy Director of Central Intelligence'' and inserting ``Principal
Deputy Director of National Intelligence''.
(2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) is amended by
striking ``The Secretary'' in the matter preceding paragraph (1) and
inserting ``Consistent with sections 102 and 102A, the Secretary''.
(3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is amended by
striking ``103 and 104'' in the matter preceding paragraph (1) and
inserting ``102 and 102A''.
(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended
by striking ``section 103(c)(6) of this Act'' and inserting ``section
102A(i) of this Act''.
(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by
striking ``to the Deputy Director of Central Intelligence, or with
respect to employees of the Central Intelligence Agency, the Director
may delegate such authority to the Deputy Director for Operations'' and
inserting ``to the Principal Deputy Director of National Intelligence,
or with respect to employees of the Central Intelligence Agency, to the
Director of the Central Intelligence Agency''.
(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is
amended by striking ``Office of the Deputy Director of Central
Intelligence'' and inserting ``Office of the Director of National
Intelligence''.
(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ``Office of the Director of Central Intelligence'' and
inserting ``Office of the Director of National Intelligence''.
(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by
striking ``Assistant Director of Central Intelligence for
Administration'' and inserting ``Office of the Director of National
Intelligence''.
(b) Central Intelligence Act of 1949.--Section 6 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by striking
``section 103(c)(7) of the National Security Act of 1947
[[Page 3693]]
118 STAT. 3693
(50 U.S.C. 403-3(c)(7))'' and inserting ``section 102A(i) of the
National Security Act of 1947''.
(c) Central Intelligence Agency Retirement Act.--Section 201(c) of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is
amended by striking ``paragraph (6) of section 103(c) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central
Intelligence'' and inserting ``section 102A(i) of the National Security
Act of 1947 (50 U.S.C. 403-3(c)(1)) that the Director of National
Intelligence''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--(A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 404n-2(c)) is amended by striking ``section
103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-
3((c)(6))'' and inserting ``section 102A(i) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(1))''.
(B)(i) Section 902 of that Act (also known as the
Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b)
is amended by striking ``President'' each place it appears and
inserting ``Director of National Intelligence''.
(ii) Section 902(a)(2) of that Act is amended by striking
``Director of Central Intelligence'' and inserting ``Director of
the Central Intelligence Agency''.
(C) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking ``Office of the
Director of Central Intelligence'' and inserting
``Office of the Director of National Intelligence''; and
(ii) in subsection (l), by striking ``Office of the
Director of Central Intelligence'' and inserting
``Office of the Director of National Intelligence''.
(2) Public law 108-177.--(A) Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403-3 note) is amended--
(i) in subsection (g), by striking ``Assistant
Director of Central Intelligence for Analysis and
Production'' and inserting ``Deputy Director of National
Intelligence''; and
(ii) in subsection (h)(2)(C), by striking
``Assistant Director'' and inserting ``Deputy Director
of National Intelligence''.
(B) Section 318(e) of that Act (50 U.S.C. 441g note) is
amended by striking ``Assistant Director of Central Intelligence
for Analysis and Production'' and inserting ``Deputy Director of
National Intelligence''.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL
SECURITY ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended to read as follows:
``(4) The term `intelligence community' includes the
following:
``(A) The Office of the Director of National
Intelligence.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The National Reconnaissance Office.
[[Page 3694]]
118 STAT. 3694
``(G) Other offices within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs.
``(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal
Bureau of Investigation, and the Department of Energy.
``(I) The Bureau of Intelligence and Research of the
Department of State.
``(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
``(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence
information, including the Office of Intelligence of the
Coast Guard.
``(L) Such other elements of any other department or
agency as may be designated by the President, or
designated jointly by the Director of National
Intelligence and the head of the department or agency
concerned, as an element of the intelligence
community.''.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM
AS NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Paragraph (6) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended by striking
``Foreign''.
(b) Conforming Amendments.--(1)(A) Section 506 of the National
Security Act of 1947 (50 U.S.C. 415a) is amended--
(i) in subsection (a), by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence
Program''; and
(ii) in the section heading, by striking ``foreign''.
(B) Section 105 of that Act (50 U.S.C. 403-5) is amended--
(i) in paragraphs (2) and (3) of subsection (a), by striking
``National Foreign Intelligence Program'' and inserting
``National Intelligence Program''; and
(ii) in the section heading, by striking ``foreign''.
(2) Section 17(f) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(f)) is amended by striking ``National Foreign Intelligence
Program'' and inserting ``National Intelligence Program''.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) is
repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents in the first section of the National Security
Act of 1947 is amended--
(1) by striking the items relating to sections 102 through
105 and inserting the following new items:
``Sec. 101A. Joint Intelligence Community Council.
``Sec. 102. Director of National Intelligence.
``Sec. 102A. Responsibilities and authorities of the Director of
National Intelligence.
``Sec. 103. Office of the Director of National Intelligence.
``Sec. 103A. Deputy Directors of National Intelligence.
``Sec. 103B. National Intelligence Council.
``Sec. 103C. General Counsel.
``Sec. 103D. Civil Liberties Protection Officer.
``Sec. 103E. Director of Science and Technology.
[[Page 3695]]
118 STAT. 3695
``Sec. 103F. National Counterintelligence Executive.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.
``Sec. 105. Responsibilities of the Secretary of Defense pertaining to
the National Intelligence Program.'';
(2) by striking the item relating to section 111;
(3) by striking the item relating to section 114 and
inserting the following new item:
``Sec. 114. Additional annual reports from the Director of National
Intelligence.'';
(4) by inserting after the item relating to section 118 the
following new items:
``Sec. 119. National Counterterrorism Center.
``Sec. 119A. National Counter Proliferation Center.
``Sec. 119B. National intelligence centers.
(5) by striking the item relating to section 506 and
inserting the following new item:
``Sec. 506. Specificity of National Intelligence Program budget amounts
for counterterrorism, counterproliferation, counternarcotics,
and counterintelligence.'';
and
(6) by inserting after the item relating to section 1001 the
following new items:
``Sec. 1002. Framework for cross-disciplinary education and training.
``Sec. 1003. Intelligence Community Scholarship Program.''.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL
SERVICE OF THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c) as
paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and
inserting the following new paragraph (2):
``(2) `Director' means the Director of the Central Intelligence
Agency; and''.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE
OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting after section 8J the following new section:
``authority to establish inspector general of the office of the director
of national intelligence
Sec. 8K. If the Director of National Intelligence determines that an
Office of Inspector General would be beneficial to improving the
operations and effectiveness of the Office of the Director of National
Intelligence, the Director of National Intelligence is authorized to
establish, with any of the duties, responsibilities, and authorities set
forth in this Act, an Office of Inspector General.''.
SEC. 1079. ETHICS MATTERS.
(a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of
title 5, United States Code, is amended--
(1) in subclause (XII), by striking ``or'' at the end; and
[[Page 3696]]
118 STAT. 3696
(2) by inserting after subclause (XIII) the following new
subclause:
``(XIV) the Office of the Director of National
Intelligence; or''.
(b) Deletion of Information About Foreign Gifts.--Section 7342(f)(4)
of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by striking ``the
Director of Central Intelligence'' and inserting ``the Director
of the Central Intelligence Agency''; and
(3) by adding at the end the following new subparagraph:
``(B) In transmitting such listings for the Office of the Director
of National Intelligence, the Director of National Intelligence may
delete the information described in subparagraphs (A) and (C) of
paragraphs (2) and (3) if the Director certifies in writing to the
Secretary of State that the publication of such information could
adversely affect United States intelligence sources.''.
(c) Exemption From Financial Disclosures.--Section 105(a)(1) of the
Ethics in Government Act NOTE: 5 USC app. 105. (5 U.S.C. App.) is
amended by inserting ``the Office of the Director of National
Intelligence,'' before ``the Central Intelligence Agency''.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL
INTELLIGENCE TO ACQUIRE AND MANAGE
PROPERTY AND SERVICES.
Section 113(e) of title 40, United States Code, is amended--
(1) in paragraph (18), by striking ``or'' at the end;
(2) in paragraph (19), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(20) the Office of the Director of National
Intelligence.''.
SEC. 1081. NOTE: 50 USC 401 note. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of Intelligence
Community.--Any reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's capacity
as the head of the intelligence community in any law, regulation,
document, paper, or other record of the United States shall be deemed to
be a reference to the Director of National Intelligence.
(b) Director of Central Intelligence as Head of CIA.--Any reference
to the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Director of the Central Intelligence Agency.
(c) Community Management Staff.--Any reference to the Community
Management Staff in any law, regulation, document, paper, or other
record of the United States shall be deemed to be a reference to the
staff of the Office of the Director of National Intelligence.
[[Page 3697]]
118 STAT. 3697
Subtitle H--Transfer, Termination, Transition, and Other Provisions
SEC. 1091. TRANSFER NOTE: 50 USC 401 note. OF COMMUNITY
MANAGEMENT STAFF.
(a) Transfer.--There shall be transferred to the Office of the
Director of National Intelligence such staff of the Community Management
Staff as of the date of the enactment of this Act as the Director of
National Intelligence determines to be appropriate, including all
functions and activities discharged by the Community Management Staff as
of that date.
(b) Administration.--The Director of National Intelligence shall
administer the Community Management Staff after the date of the
enactment of this Act as a component of the Office of the Director of
National Intelligence under section 103 of the National Security Act of
1947, as amended by section 1011(a) of this Act.
SEC. 1092. TRANSFER NOTE: 50 USC 401 note. OF TERRORIST THREAT
INTEGRATION CENTER.
(a) Transfer.--There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center (TTIC)
or its successor entity, including all functions and activities
discharged by the Terrorist Threat Integration Center or its successor
entity as of the date of the enactment of this Act.
(b) Administration.--The Director of the National Counterterrorism
Center shall administer the Terrorist Threat Integration Center after
the date of the enactment of this Act as a component of the Directorate
of Intelligence of the National Counterterrorism Center under section
119(i) of the National Security Act of 1947, as added by section 1021(a)
of this Act.
SEC. 1093. TERMINATION NOTE: 50 USC 401 note. OF POSITIONS OF
ASSISTANT DIRECTORS OF CENTRAL
INTELLIGENCE.
(a) Termination.--The positions referred to in subsection (b) are
hereby abolished.
(b) Covered Positions.--The positions referred to in this subsection
are as follows:
(1) The Assistant Director of Central Intelligence for
Collection.
(2) The Assistant Director of Central Intelligence for
Analysis and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 1094. NOTE: President. 50 USC 401 note. IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the
implementation of this title and the amendments made by this title. The
plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to
the Director of National Intelligence pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of
activities transferred to the Director of National Intelligence
pursuant to this title.
(3) The establishment of offices within the Office of the
Director of National Intelligence to implement the duties and
responsibilities of the Director of National Intelligence as
described in this title.
[[Page 3698]]
118 STAT. 3698
(4) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations
to be transferred to the Director of National Intelligence.
(5) Recommendations for additional legislative or
administrative action as the President considers appropriate.
SEC. 1095. DIRECTOR NOTE: 50 USC 401 note. OF NATIONAL
INTELLIGENCE REPORT ON IMPLEMENTATION OF
INTELLIGENCE COMMUNITY REFORM.
(a) Report.--Not later than one year after the effective date of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the progress made in
the implementation of this title, including the amendments made by this
title. The report shall include a comprehensive description of the
progress made, and may include such recommendations for additional
legislative or administrative action as the Director considers
appropriate.
(b) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1096. NOTE: 50 USC 401 note. TRANSITIONAL AUTHORITIES.
(a) In General.--Upon the request of the Director of National
Intelligence, the head of any executive agency may, on a reimbursable
basis, provide services or detail personnel to the Director of National
Intelligence.
(b) Transfer of Personnel.--In addition to any other authorities
available under law for such purposes, in the fiscal year after the
effective date of this Act, the Director of National Intelligence--
(1) is authorized within the Office of the Director of
National Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office of
Management and Budget, may detail not more than 150 personnel
funded within the National Intelligence Program to the Office of
the Director of National Intelligence for a period of not more
than 2 years.
SEC. 1097. NOTE: 50 USC 401 note. EFFECTIVE DATES.
(a) In General.--Except as otherwise expressly provided in this Act,
this title and the amendments made by this title shall take effect not
later than six months after the date of the enactment of this Act.
(b) Specific Effective Dates.--(1)(A) Not later than 60 days after
the date of the appointment of the first Director of National
Intelligence, the Director of National Intelligence shall first appoint
individuals to positions within the Office of the Director of National
Intelligence.
(B) Subparagraph (A) shall not apply with respect to the Principal
Deputy Director of National Intelligence.
(2) NOTE: President. Not later than 180 days after the effective
date of this Act, the President shall transmit to Congress the
implementation plan required by section 1094.
(3) NOTE: Regulations. Not later than one year after the date of
the enactment of this Act, the Director of National Intelligence shall
prescribe
[[Page 3699]]
118 STAT. 3699
regulations, policies, procedures, standards, and guidelines required
under section 102A of the National Security Act of 1947, as amended by
section 1011(a) of this Act.
Subtitle I--Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION
SCHOOL SELECTION RATES FOR MILITARY
INTELLIGENCE OFFICERS.
(a) Study.--The Secretary of Defense shall conduct a study of the
promotion selection rates, and the selection rates for attendance at
professional military education schools, of intelligence officers of the
Armed Forces, particularly in comparison to the rates for other officers
of the same Armed Force who are in the same grade and competitive
category.
(b) Report.--The Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report providing
the Secretary's findings resulting from the study under subsection (a)
and the Secretary's recommendations (if any) for such changes in law as
the Secretary considers needed to ensure that intelligence officers, as
a group, are selected for promotion, and for attendance at professional
military education schools, at rates not less than the rates for all
line (or the equivalent) officers of the same Armed Force (both in the
zone and below the zone) in the same grade. The report shall be
submitted not later than April 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC
INTEREST DECLASSIFICATION BOARD.
(a) Direction.--Section 703(a) of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-567; 114 Stat.
2856; 50 U.S.C. 435 note) is amended--
(1) by inserting ``(1)'' after ``Establishment.--''; and
(2) by adding at the end the following new paragraph:
``(2) The Board shall report directly to the President or, upon
designation by the President, the Vice President, the Attorney General,
or other designee of the President. The other designee of the President
under this paragraph may not be an agency head or official authorized to
classify information under Executive Order 12958, or any successor
order.''.
(b) Purposes.--Section 703(b) of that Act (114 Stat. 2856) is
amended by adding at the end the following new paragraph:
``(5) To review and make recommendations to the President in
a timely manner with respect to any congressional request, made
by the committee of jurisdiction, to declassify certain records
or to reconsider a declination to declassify specific
records.''.
(c) Recommendations on Special Searches.--Section 704(c)(2)(A) of
that Act (114 Stat. 2860) is amended by inserting before the period the
following: ``, and also including specific requests for the
declassification of certain records or for the reconsideration of
declinations to declassify specific records''.
(d) Declassification Reviews.--Section 704 of that Act (114 Stat.
2859) is further amended by adding at the end the following new
subsection:
[[Page 3700]]
118 STAT. 3700
``(e) Declassification Reviews.--If requested by the President, the
Board shall review in a timely manner certain records or declinations to
declassify specific records, the declassification of which has been the
subject of specific congressional request described in section
703(b)(5).''.
(e) Notification of Review.--Section 706 of that Act (114 Stat.
2861) is amended by adding at the end the following new subsection:
``(f) Notification of Review.--In response to a specific
congressional request for declassification review described in section
703(b)(5), the Board shall advise the originators of the request in a
timely manner whether the Board intends to conduct such review.''.
(f) Extension.--Section 710(b) of that Act (114 Stat. 2864) is
amended by striking ``4 years'' and inserting ``8 years''.
SEC. 1103. NOTE: 50 USC 401 note. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance is held
invalid, the remainder of this Act, or the application of such provision
to persons or circumstances other those to which such provision is held
invalid shall not be affected thereby.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
SEC. 2001. IMPROVEMENT NOTE: 28 USC 532 note. OF INTELLIGENCE
CAPABILITIES OF THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States in its final report stated that, under Director
Robert Mueller, the Federal Bureau of Investigation has made
significant progress in improving its intelligence capabilities.
(2) In the report, the members of the Commission also urged
that the Federal Bureau of Investigation fully institutionalize
the shift of the Bureau to a preventive counterterrorism
posture.
(b) Improvement of Intelligence Capabilities.--The Director of the
Federal Bureau of Investigation shall continue efforts to improve the
intelligence capabilities of the Federal Bureau of Investigation and to
develop and maintain within the Bureau a national intelligence
workforce.
(c) National Intelligence Workforce.--(1) In developing and
maintaining a national intelligence workforce under subsection (b), the
Director of the Federal Bureau of Investigation shall, develop and
maintain a specialized and integrated national intelligence workforce
consisting of agents, analysts, linguists, and surveillance specialists
who are recruited, trained, and rewarded in a manner which ensures the
existence within the Federal Bureau of Investigation an institutional
culture with substantial expertise in, and commitment to, the
intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both criminal
justice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable,
[[Page 3701]]
118 STAT. 3701
be given the opportunity to undergo, during such agent's early service
with the Bureau, meaningful assignments in criminal justice matters and
in national intelligence matters.
(4) The Director shall--
(A) establish career positions in national intelligence
matters for agents, analysts, and related personnel of the
Bureau; and
(B) in furtherance of the requirement under subparagraph (A)
and to the maximum extent practicable, afford agents, analysts,
and related personnel of the Bureau the opportunity to work in
the career specialty selected by such agents, analysts, and
related personnel over their entire career with the Bureau.
(5) The Director shall carry out a program to enhance the capacity
of the Bureau to recruit and retain individuals with backgrounds in
intelligence, international relations, language, technology, and other
skills relevant to the intelligence mission of the Bureau.
(6) The Director shall, to the maximum extent practicable, afford
the analysts of the Bureau training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field Intelligence
Group, and each Bureau Operational Manager at the Section Chief and
Assistant Special Agent in Charge (ASAC) level and above, shall be a
certified intelligence officer.
(8) The Director shall, to the maximum extent practicable, ensure
that the successful discharge of advanced training courses, and of one
or more assignments to another element of the intelligence community, is
a precondition to advancement to higher level intelligence assignments
within the Bureau.
(d) Field Office Matters.--(1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under subsection
(b), the Director of the Federal Bureau of Investigation shall ensure
that each Field Intelligence Group reports directly to a field office
senior manager responsible for intelligence matters.
(2) The Director shall provide for such expansion of the secure
facilities in the field offices of the Bureau as is necessary to ensure
the discharge by the field offices of the intelligence mission of the
Bureau.
(3) The Director shall require that each Field Intelligence Group
manager ensures the integration of analysts, agents, linguists, and
surveillance personnel in the field.
(e) Discharge of Improvements.--(1) The Director of the Federal
Bureau of Investigation shall carry out subsections (b) through (d)
through the head of the Directorate of Intelligence of the Federal
Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation shall carry
out subsections (b) through (d) under the joint guidance of the Attorney
General and the National Intelligence Director in a manner consistent
with section 112(e).
(f) Budget Matters.--The Director of the Federal Bureau of
Investigation shall, establish a budget structure of the Federal Bureau
of Investigation to reflect the four principal missions of the Bureau as
follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
[[Page 3702]]
118 STAT. 3702
(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) Reports.--(1) Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report on the progress made as
of the date of such report in carrying out the requirements of this
section.
(2) The Director shall include in each annual program review of the
Federal Bureau of Investigation that is submitted to Congress a report
on the progress made by each field office of the Bureau during the
period covered by such review in addressing Bureau and national program
priorities.
(3) Not later than 180 days after the date of the enactment of this
Act, and every 12 months thereafter, the Director shall submit to
Congress a report assessing the qualifications, status, and roles of
analysts at Bureau headquarters and in the field offices of the Bureau.
(4) Not later than 180 days after the date of the enactment of this
Act, and every 12 months thereafter, the Director shall submit to
Congress a report on the progress of the Bureau in implementing
information-sharing principles.
SEC. 2002. DIRECTORATE NOTE: Government organization. 28 USC 532
note. OF INTELLIGENCE OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Directorate of Intelligence of Federal Bureau of
Investigation.--The element of the Federal Bureau of Investigation known
as of the date of the enactment of this Act as the Office of
Intelligence is hereby redesignated as the Directorate of Intelligence
of the Federal Bureau of Investigation.
(b) Head of Directorate.--The head of the Directorate of
Intelligence shall be the Executive Assistant Director for Intelligence
of the Federal Bureau of Investigation.
(c) Responsibilities.--The Directorate of Intelligence shall be
responsible for the following:
(1) Supervision of all national intelligence programs,
projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements in
section 105B of the National Security Act of 1947 (50 U.S.C.
403-5b).
(3) The oversight of Bureau field intelligence operations.
(4) Coordinating human source development and management by
the Bureau.
(5) Coordinating collection by the Bureau against
nationally-determined intelligence requirements.
(6) Strategic analysis.
(7) Intelligence program and budget management.
(8) The intelligence workforce.
(9) Any other responsibilities specified by the Director of
the Federal Bureau of Investigation or specified by law.
(d) Staff.--The Directorate of Intelligence shall consist of such
staff as the Director of the Federal Bureau of Investigation considers
appropriate for the activities of the Directorate.
SEC. 2003. FEDERAL NOTE: 28 USC 532 note. BUREAU OF
INVESTIGATION INTELLIGENCE CAREER
SERVICE.
(a) Establishment of Federal Bureau of Investigation Intelligence
Career Service.--The Director of the Federal Bureau of Investigation
may--
[[Page 3703]]
118 STAT. 3703
(1) in consultation with the Director of the Office of
Personnel Management--
(A) establish positions for intelligence analysts,
and prescribe standards and procedures for establishing
and classifying such positions, without regard to
chapter 51 of title 5, United States Code; and
(B) fix the rate of basic pay for such positions,
without regard to subchapter III of chapter 53 of title
5, United States Code, if the rate of pay is not greater
than the rate of basic pay payable for level IV of the
Executive Schedule;
(2) appoint individuals to such positions; and
(3) establish a performance management system for such
individuals with at least one level of performance above a
retention standard.
(b) Reporting Requirement.--Not less than 60 days before the date of
the implementation of authorities authorized under this section, the
Director of the Federal Bureau of Investigation shall submit an
operating plan describing the Director's intended use of the authorities
under this section to the appropriate committees of Congress.
(c) Annual Report.--Not later than December 31, 2005, and annually
thereafter for 4 years, the Director of the Federal Bureau of
Investigation shall submit an annual report of the use of the permanent
authorities provided under this section during the preceding fiscal year
to the appropriate committees of Congress.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress means''--
(1) the Committees on Appropriations, Homeland Security and
Governmental Affairs, and the Judiciary and the Select Committee
on Intelligence of the Senate; and
(2) the Committees on Appropriations, Government Reform, and
the Judiciary and the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General.--Chapter 35 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training of a
Federal Bureau of Investigation Reserve Service (hereinafter in this
section referred to as the `FBI Reserve Service') for temporary
reemployment of employees in the Bureau during periods of emergency, as
determined by the Director.
``(b) Membership.--Membership in the FBI Reserve Service shall be
limited to individuals who previously served as full-time employees of
the Bureau.
``(c) Annuitants.--If an individual receiving an annuity from the
Civil Service Retirement and Disability Fund on the basis of such
individual's service becomes temporarily reemployed pursuant to this
section, such annuity shall not be discontinued thereby.
[[Page 3704]]
118 STAT. 3704
An individual so reemployed shall not be considered an employee for the
purposes of chapter 83 or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service
members reemployed on a temporary basis pursuant to this section shall
not count against any personnel ceiling applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the FBI Reserve
Service transportation and per diem in lieu of subsistence, in
accordance with applicable provisions of this title, for the purpose of
participating in any training that relates to service as a member of the
FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI Reserve
Service is not to exceed 500 members at any given time.
``(g) Limitation on Duration of Service.--An individual may not be
reemployed under this section for more than 180 days in connection with
any particular emergency unless, in the judgment of the Director, the
public interest so requires.''.
(b) Clerical Amendment.--The analysis for chapter 35 of title 5,
United States Code, is amended by adding at the end the following:
``subchapter vii-retention of retired specialized employees at the
federal bureau of investigation
``3598. Federal Bureau of Investigation Reserve Service.''.
SEC. 2005. FEDERAL NOTE: Applicability. Termination
date. BUREAU OF INVESTIGATION
MANDATORY SEPARATION AGE.
(a) Civil Service Retirement System.--Section 8335(b) of title 5,
United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of age'.
The Federal Bureau of Investigation may not grant more than 50
exemptions in any fiscal year in accordance with the preceding
sentence, and the authority to grant such exemptions shall cease
to be available after September 30, 2007.''.
(b) Federal Employees' Retirement System.--Section 8425(b) of title
5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of age'.
The Federal Bureau of Investigation may not grant more than 50
exemptions in any fiscal year in accordance with the preceding
sentence, and the authority to grant such exemptions shall cease
to be available after September 30, 2007.''.
SEC. 2006. FEDERAL NOTE: Deadline. Reports. 28 USC 509
note. BUREAU OF INVESTIGATION USE OF
TRANSLATORS.
Not later than 30 days after the date of the enactment of this Act,
and annually thereafter, the Attorney General of the United States shall
submit to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report that contains,
with respect to each preceding 12-month period--
[[Page 3705]]
118 STAT. 3705
(1) the number of translators employed, or contracted for,
by the Federal Bureau of Investigation or other components of
the Department of Justice;
(2) any legal or practical impediments to using translators
employed by the Federal, State, or local agencies on a full-
time, part-time, or shared basis;
(3) the needs of the Federal Bureau of Investigation for the
specific translation services in certain languages, and
recommendations for meeting those needs;
(4) the status of any automated statistical reporting
system, including implementation and future viability;
(5) the storage capabilities of the digital collection
system or systems utilized;
(6) a description of the establishment and compliance with
audio retention policies that satisfy the investigative and
intelligence goals of the Federal Bureau of Investigation; and
(7) a description of the implementation of quality control
procedures and mechanisms for monitoring compliance with quality
control procedures.
TITLE III--SECURITY CLEARANCES
SEC. 3001. NOTE: 50 USC 435b. SECURITY CLEARANCES.
(a) Definitions.--In this section:
(1) The term ``agency'' means--
(A) an executive agency (as that term is defined in
section 105 of title 5, United States Code);
(B) a military department (as that term is defined
in section 102 of title 5, United States Code); and
(C) an element of the intelligence community.
(2) The term ``authorized investigative agency'' means an
agency designated by the head of the agency selected pursuant to
subsection (b) to conduct a counterintelligence investigation or
investigation of persons who are proposed for access to
classified information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such
information.
(3) The term ``authorized adjudicative agency'' means an
agency authorized by law, regulation, or direction of the
Director of National Intelligence to determine eligibility for
access to classified information in accordance with Executive
Order 12968.
(4) The term ``highly sensitive program'' means--
(A) a government program designated as a Special
Access Program (as that term is defined in section
4.1(h) of Executive Order 12958 or any successor
Executive order); or
(B) a government program that applies restrictions
required for--
(i) restricted data (as that term is defined
in section 11 y. of the Atomic Energy Act of 1954
(42 U.S.C. 2014(y)); or
(ii) other information commonly referred to as
``sensitive compartmented information''.
[[Page 3706]]
118 STAT. 3706
(5) The term ``current investigation file'' means, with
respect to a security clearance, a file on an investigation or
adjudication that has been conducted during--
(A) the 5-year period beginning on the date the
security clearance was granted, in the case of a Top
Secret Clearance, or the date access was granted to a
highly sensitive program;
(B) the 10-year period beginning on the date the
security clearance was granted in the case of a Secret
Clearance; and
(C) the 15-year period beginning on the date the
security clearance was granted in the case of a
Confidential Clearance.
(6) The term ``personnel security investigation'' means any
investigation required for the purpose of determining the
eligibility of any military, civilian, or government contractor
personnel to access classified information.
(7) The term ``periodic reinvestigations'' means
investigations conducted for the purpose of updating a
previously completed background investigation--
(A) every 5 years in the case of a top secret
clearance or access to a highly sensitive program;
(B) every 10 years in the case of a secret
clearance; or
(C) every 15 years in the case of a Confidential
Clearance.
(8) The term ``appropriate committees of Congress'' means--
(A) the Permanent Select Committee on Intelligence
and the Committees on Armed Services, Homeland Security,
Government Reform, and the Judiciary of the House of
Representatives; and
(B) the Select Committee on Intelligence and the
Committees on Armed Services, Homeland Security and
Governmental Affairs, and the Judiciary of the Senate.
(b) NOTE: Deadline. President. Selection of Entity.--Not later
than 90 days after the date of the enactment of this Act, the President
shall select a single department, agency, or element of the executive
branch to be responsible for--
(1) directing day-to-day oversight of investigations and
adjudications for personnel security clearances, including for
highly sensitive programs, throughout the United States
Government;
(2) developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, and
timely completion of security clearances and determinations for
access to highly sensitive programs, including the
standardization of security questionnaires, financial disclosure
requirements for security clearance applicants, and polygraph
policies and procedures;
(3) serving as the final authority to designate an
authorized investigative agency or authorized adjudicative
agency;
(4) ensuring reciprocal recognition of access to classified
information among the agencies of the United States Government,
including acting as the final authority to arbitrate and resolve
disputes involving the reciprocity of security clearances and
access to highly sensitive programs pursuant to subsection (d);
[[Page 3707]]
118 STAT. 3707
(5) ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to achieve
clearance and investigative program goals; and
(6) reviewing and coordinating the development of tools and
techniques for enhancing the conduct of investigations and
granting of clearances.
(c) NOTE: Deadline. President. Performance of Security Clearance
Investigations.--(1) Notwithstanding any other provision of law, not
later than 180 days after the date of the enactment of this Act, the
President shall, in consultation with the head of the entity selected
pursuant to subsection (b), select a single agency of the executive
branch to conduct, to the maximum extent practicable, security clearance
investigations of employees and contractor personnel of the United
States Government who require access to classified information and to
provide and maintain all security clearances of such employees and
contractor personnel. The head of the entity selected pursuant to
subsection (b) may designate other agencies to conduct such
investigations if the head of the entity selected pursuant to subsection
(b) considers it appropriate for national security and efficiency
purposes.
(2) The agency selected under paragraph (1) shall--
(A) take all necessary actions to carry out the requirements
of this section, including entering into a memorandum of
understanding with any agency carrying out responsibilities
relating to security clearances or security clearance
investigations before the date of the enactment of this Act;
(B) as soon as practicable, integrate reporting of security
clearance applications, security clearance investigations, and
determinations of eligibility for security clearances, with the
database required by subsection (e); and
(C) ensure that security clearance investigations are
conducted in accordance with uniform standards and requirements
established under subsection (b), including uniform security
questionnaires and financial disclosure requirements.
(d) Reciprocity of Security Clearance and Access Determinations.--
(1) All security clearance background investigations and determinations
completed by an authorized investigative agency or authorized
adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations initiated by an
authorized investigative agency shall be transferable to any other
authorized investigative agency.
(3)(A) An authorized investigative agency or authorized adjudicative
agency may not establish additional investigative or adjudicative
requirements (other than requirements for the conduct of a polygraph
examination) that exceed requirements specified in Executive Orders
establishing security requirements for access to classified information
without the approval of the head of the entity selected pursuant to
subsection (b).
(B) Notwithstanding subparagraph (A), the head of the entity
selected pursuant to subsection (b) may establish such additional
requirements as the head of such entity considers necessary for national
security purposes.
(4) An authorized investigative agency or authorized adjudicative
agency may not conduct an investigation for purposes of determining
whether to grant a security clearance to an individual where a current
investigation or clearance of equal level already
[[Page 3708]]
118 STAT. 3708
exists or has been granted by another authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection (b) may
disallow the reciprocal recognition of an individual security clearance
by an agency under this section on a case-by-case basis if the head of
the entity selected pursuant to subsection (b) determines that such
action is necessary for national security purposes.
(6) NOTE: Procedures. The head of the entity selected pursuant
to subsection (b) shall establish a review procedure by which agencies
can seek review of actions required under this section.
(e) NOTE: Deadline. Establishment. Database on Security
Clearances.--(1) Not later than 12 months after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall, in cooperation with the heads of the entities selected
pursuant to subsections (b) and (c), establish and commence operating
and maintaining an integrated, secure, database into which appropriate
data relevant to the granting, denial, or revocation of a security
clearance or access pertaining to military, civilian, or government
contractor personnel shall be entered from all authorized investigative
and adjudicative agencies.
(2) The database under this subsection shall function to integrate
information from existing Federal clearance tracking systems from other
authorized investigative and adjudicative agencies into a single
consolidated database.
(3) Each authorized investigative or adjudicative agency shall check
the database under this subsection to determine whether an individual
the agency has identified as requiring a security clearance has already
been granted or denied a security clearance, or has had a security
clearance revoked, by any other authorized investigative or adjudicative
agency.
(4) The head of the entity selected pursuant to subsection (b) shall
evaluate the extent to which an agency is submitting information to, and
requesting information from, the database under this subsection as part
of a determination of whether to certify the agency as an authorized
investigative agency or authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection (b) may
authorize an agency to withhold information about certain individuals
from the database under this subsection if the head of the entity
considers it necessary for national security purposes.
(f) Evaluation of Use of Available Technology in Clearance
Investigations and Adjudications.--(1) The head of the entity selected
pursuant to subsection (b) shall evaluate the use of available
information technology and databases to expedite investigative and
adjudicative processes for all and to verify standard information
submitted as part of an application for a security clearance.
(2) The evaluation shall assess the application of the technologies
described in paragraph (1) for--
(A) granting interim clearances to applicants at the secret,
top secret, and special access program levels before the
completion of the appropriate full investigation;
(B) expediting investigations and adjudications of security
clearances, including verification of information submitted by
the applicant;
[[Page 3709]]
118 STAT. 3709
(C) ongoing verification of suitability of personnel with
security clearances in effect for continued access to classified
information;
(D) use of such technologies to augment periodic
reinvestigations;
(E) assessing the impact of the use of such technologies on
the rights of applicants to verify, correct, or challenge
information obtained through such technologies; and
(F) such other purposes as the head of the entity selected
pursuant to subsection (b) considers appropriate.
(3) An individual subject to verification utilizing the technology
described in paragraph (1) shall be notified of such verification, shall
provide consent to such use, and shall have access to data being
verified in order to correct errors or challenge information the
individual believes is incorrect.
(4) NOTE: Deadline. Reports. Not later than one year after the
date of the enactment of this Act, the head of the entity selected
pursuant to subsection (b) shall submit to the President and the
appropriate committees of Congress a report on the results of the
evaluation, including recommendations on the use of technologies
described in paragraph (1).
(g) NOTE: Deadlines. Reduction in Length of Personnel Security
Clearance Process.--(1) The head of the entity selected pursuant to
subsection (b) shall, within 90 days of selection under that subsection,
develop, in consultation with the appropriate committees of Congress and
each authorized adjudicative agency, a plan to reduce the length of the
personnel security clearance process.
(2)(A) To the extent practical the plan under paragraph (1) shall
require that each authorized adjudicative agency make a determination on
at least 90 percent of all applications for a personnel security
clearance within an average of 60 days after the date of receipt of the
completed application for a security clearance by an authorized
investigative agency. Such 60-day average period shall include--
(i) a period of not longer than 40 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete the
adjudicative phase of the clearance review.
(B) Determinations on clearances not made within 60 days shall be
made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years after
the date of the enactment of this Act.
(B) During the period beginning on a date not later than 2 years
after the date after the enactment of this Act and ending on the date on
which the plan under paragraph (1) takes effect, each authorized
adjudicative agency shall make a determination on at least 80 percent of
all applications for a personnel security clearance pursuant to this
section within an average of 120 days after the date of receipt of the
application for a security clearance by an authorized investigative
agency. Such 120-day average period shall include--
(i) a period of not longer than 90 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete the
adjudicative phase of the clearance review.
(h) Reports.--(1) Not later than February 15, 2006, and annually
thereafter through 2011, the head of the entity selected
[[Page 3710]]
118 STAT. 3710
pursuant to subsection (b) shall submit to the appropriate committees of
Congress a report on the progress made during the preceding year toward
meeting the requirements of this section.
(2) Each report shall include, for the period covered by such
report--
(A) the periods of time required by the authorized
investigative agencies and authorized adjudicative agencies for
conducting investigations, adjudicating cases, and granting
clearances, from date of submission to ultimate disposition and
notification to the subject and the subject's employer;
(B) a discussion of any impediments to the smooth and timely
functioning of the requirements of this section; and
(C) such other information or recommendations as the head of
the entity selected pursuant to subsection (b) considers
appropriate.
(i) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for fiscal year 2005 and each
fiscal year thereafter for the implementation, maintenance, and
operation of the database required by subsection (e).
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) In General.--Section 114 of title 49, United States Code, is
amended by adding at the end the following:
``(t) Transportation Security Strategic Planning.--
``(1) In general.--The Secretary of Homeland Security shall
develop, prepare, implement, and update, as needed--
``(A) a National Strategy for Transportation
Security; and
``(B) transportation modal security plans.
``(2) Role of secretary of transportation.--The Secretary of
Homeland Security shall work jointly with the Secretary of
Transportation in developing, revising, and updating the
documents required by paragraph (1).
``(3) Contents of national strategy for transportation
security.--The National Strategy for Transportation Security
shall include the following:
``(A) An identification and evaluation of the
transportation assets in the United States that, in the
interests of national security and commerce, must be
protected from attack or disruption by terrorist or
other hostile forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and ferry,
highway, maritime, pipeline, rail, mass transit, over-
the-road bus, and other public transportation
infrastructure assets that could be at risk of such an
attack or disruption.
``(B) The development of risk-based priorities
across all transportation modes and realistic deadlines
for addressing security needs associated with those
assets referred to in subparagraph (A).
[[Page 3711]]
118 STAT. 3711
``(C) The most appropriate, practical, and cost-
effective means of defending those assets against
threats to their security.
``(D) A forward-looking strategic plan that sets
forth the agreed upon roles and missions of Federal,
State, regional, and local authorities and establishes
mechanisms for encouraging private sector cooperation
and participation in the implementation of such plan.
``(E) A comprehensive delineation of response and
recovery responsibilities and issues regarding
threatened and executed acts of terrorism within the
United States.
``(F) A prioritization of research and development
objectives that support transportation security needs,
giving a higher priority to research and development
directed toward protecting vital transportation assets.
``(4) Submissions of plans to congress.--
``(A) Initial strategy.--The Secretary of Homeland
Security shall submit the National Strategy for
Transportation Security, including the transportation
modal security plans, developed under this subsection to
the appropriate congressional committees not later than
April 1, 2005.
``(B) Subsequent versions.--After December 31, 2005,
the Secretary of Homeland Security shall submit the
National Strategy for Transportation Security, including
the transportation modal security plans and any
revisions to the National Strategy for Transportation
Security and the transportation modal security plans, to
appropriate congressional committees not less frequently
than April 1 of each even-numbered year.
``(C) Periodic progress report.--
``(i) Requirement for report.--Each year, in
conjunction with the submission of the budget to
Congress under section 1105(a) of title 31, United
States Code, the Secretary of Homeland Security
shall submit to the appropriate congressional
committees an assessment of the progress made on
implementing the National Strategy for
Transportation Security.
``(ii) Content.--Each progress report under
this subparagraph shall include, at a minimum,
recommendations for improving and implementing the
National Strategy for Transportation Security and
the transportation modal security plans that the
Secretary, in consultation with the Secretary of
Transportation, considers appropriate.
``(D) Classified material.--Any part of the National
Strategy for Transportation Security or the
transportation modal security plans that involve
information that is properly classified under criteria
established by Executive order shall be submitted to the
appropriate congressional committees separately in a
classified format.
``(E) Appropriate congressional committees
defined.--In this subsection, the term `appropriate
congressional committees' means the Committee on
Transportation and Infrastructure and the Select
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science,
and
[[Page 3712]]
118 STAT. 3712
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate.
``(5) Priority Status.--
``(A) In general.--The National Strategy for
Transportation Security shall be the governing document
for Federal transportation security efforts.
``(B) Other plans and reports.--The National
Strategy for Transportation Security shall include, as
an integral part or as an appendix--
``(i) the current National Maritime
Transportation Security Plan under section 70103
of title 46;
``(ii) the report required by section 44938 of
this title;
``(iii) transportation modal security plans
required under this section; and
``(iv) any other transportation security plan
or report that the Secretary of Homeland Security
determines appropriate for inclusion.''.
(b) Aviation Security Planning; Operational Criteria.--Section 44904
of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Modal Security Plan for Aviation.--In addition to the
requirements set forth in subparagraphs (B) through (F) of section
114(t)(3), the modal security plan for aviation prepared under section
114(t) shall--
``(1) establish a damage mitigation and recovery plan for
the aviation system in the event of a terrorist attack; and
``(2) include a threat matrix document that outlines each
threat to the United States civil aviation system and the
corresponding layers of security in place to address such
threat.
``(d) NOTE: Deadline. Guidelines. Operational Criteria.--Not
later than 90 days after the date of the submission of the National
Strategy for Transportation Security under section 114(t)(4)(A), the
Assistant Secretary of Homeland Security (Transportation Security
Administration) shall issue operational criteria to protect airport
infrastructure and operations against the threats identified in the
plans prepared under section 114(t)(1) and shall approve best practices
guidelines for airport assets.''.
Subtitle B--Aviation Security
SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) Use of Biometric Identifier Technology.--Section 44903(h) of
title 49, United States Code, is amended--
(1) in paragraph (4)(E) by striking ``may provide for'' and
inserting ``shall issue, not later than March 31, 2005, guidance
for''; and
(2) by adding at the end the following:
``(5) Use of biometric technology in airport access control
systems.--In issuing guidance under paragraph (4)(E), the
Assistant Secretary of Homeland Security (Transportation
Security Administration) in consultation with representatives of
the aviation industry, the biometric identifier industry,
[[Page 3713]]
118 STAT. 3713
and the National Institute of Standards and Technology, shall
establish, at a minimum--
``(A) comprehensive technical and operational system
requirements and performance standards for the use of
biometric identifier technology in airport access
control systems (including airport perimeter access
control systems) to ensure that the biometric identifier
systems are effective, reliable, and secure;
``(B) a list of products and vendors that meet the
requirements and standards set forth in subparagraph
(A);
``(C) procedures for implementing biometric
identifier systems--
``(i) to ensure that individuals do not use an
assumed identity to enroll in a biometric
identifier system; and
``(ii) to resolve failures to enroll, false
matches, and false non-matches; and
``(D) best practices for incorporating biometric
identifier technology into airport access control
systems in the most effective manner, including a
process to best utilize existing airport access control
systems, facilities, and equipment and existing data
networks connecting airports.
``(6) Use of biometric technology for law enforcement
officer travel.--
``(A) NOTE: Deadline. In general.--Not later
than 120 days after the date of enactment of this
paragraph, the Assistant Secretary, in consultation with
the Attorney General, shall--
``(i) establish a law enforcement officer
travel credential that incorporates biometric
identifier technology and is uniform across all
Federal, State, local, tribal, and territorial
government law enforcement agencies;
``(ii) establish a process by which the travel
credential will be used to verify the identity of
a Federal, State, local, tribal, or territorial
law enforcement officer seeking to carry a weapon
on board an aircraft, without unnecessarily
disclosing to the public that the individual is a
law enforcement officer;
``(iii) NOTE: Procedures. establish
procedures--
``(I) to ensure that only Federal,
State, local, tribal, and territorial
government law enforcement officers are
issued a law enforcement travel
credential;
``(II) to resolve failures to
enroll, false matches, and false non-
matches relating to use of the law
enforcement travel credential; and
``(III) to invalidate any law
enforcement travel credential that is
lost, stolen, or no longer authorized
for use;
``(iv) begin issuance of the travel credential
to each Federal, State, local, tribal, or
territorial government law enforcement officer
authorized by the Assistant Secretary to carry a
weapon on board an aircraft; and
``(v) take such other actions with respect to
the travel credential as the Assistant Secretary
considers appropriate.
[[Page 3714]]
118 STAT. 3714
``(B) Funding.--There is authorized to be
appropriated such sums as may be necessary to carry out
this paragraph.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Biometric identifier information.--The term
`biometric identifier information' means the distinct
physical or behavioral characteristics of an individual
that are used for unique identification, or verification
of the identity, of an individual.
``(B) Biometric identifier.--The term `biometric
identifier' means a technology that enables the
automated identification, or verification of the
identity, of an individual based on biometric
information.
``(C) Failure to enroll.--The term `failure to
enroll' means the inability of an individual to enroll
in a biometric identifier system due to an
insufficiently distinctive biometric sample, the lack of
a body part necessary to provide the biometric sample, a
system design that makes it difficult to provide
consistent biometric identifier information, or other
factors.
``(D) False match.--The term `false match' means the
incorrect matching of one individual's biometric
identifier information to another individual's biometric
identifier information by a biometric identifier system.
``(E) False non-match.--The term `false non-match'
means the rejection of a valid identity by a biometric
identifier system.
``(F) Secure area of an airport.--The term `secure
area of an airport' means the sterile area and the
Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulation
to such section).''.
(b) NOTE: Appropriation authorization. Aviation Security
Research and Development.--There is authorized to be appropriated to the
Secretary of Homeland Security for the use of the Transportation
Security Administration $20,000,000, in addition to any amounts
otherwise authorized by law, for research and development of advanced
biometric technology applications to aviation security, including mass
identification technology.
(c) Sense of Congress on Transfer of Technology.--It is the sense of
Congress that the national intelligence community and the Department of
Homeland Security should share information on and technological
advancements to biometric systems, biometric technology, and biometric
identifier systems obtained through research and development programs
conducted by various Federal agencies.
(d) NOTE: Appropriation authorization. Biometric Center of
Excellence.--There is authorized to be appropriated $1,000,000, in
addition to any amounts otherwise authorized by law, for the
establishment of a competitive center of excellence that will develop
and expedite the Federal Government's use of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) In General.--
(1) Domestic flights.--Section 44903(j)(2) of title 49,
United States Code, is amended by adding at the end the
following:
[[Page 3715]]
118 STAT. 3715
``(C) NOTE: Deadlines. Advanced airline
passenger prescreening.--
``(i) Commencement of testing.--Not later than
January 1, 2005, the Assistant Secretary of
Homeland Security (Transportation Security
Administration), or the designee of the Assistant
Secretary, shall commence testing of an advanced
passenger prescreening system that will allow the
Department of Homeland Security to assume the
performance of comparing passenger information, as
defined by the Assistant Secretary, to the
automatic selectee and no fly lists, utilizing all
appropriate records in the consolidated and
integrated terrorist watchlist maintained by the
Federal Government.
``(ii) Assumption of function.--Not later than
180 days after completion of testing under clause
(i), the Assistant Secretary, or the designee of
the Assistant Secretary, shall begin to assume the
performance of the passenger prescreening function
of comparing passenger information to the
automatic selectee and no fly lists and utilize
all appropriate records in the consolidated and
integrated terrorist watchlist maintained by the
Federal Government in performing that function.
``(iii) Requirements.--In assuming performance
of the function under clause (ii), the Assistant
Secretary shall--
``(I) NOTE: Procedures. establish a
procedure to enable airline passengers,
who are delayed or prohibited from
boarding a flight because the advanced
passenger prescreening system determined
that they might pose a security threat,
to appeal such determination and correct
information contained in the system;
``(II) ensure that Federal
Government databases that will be used
to establish the identity of a passenger
under the system will not produce a
large number of false positives;
``(III) NOTE: Establishment. establis
h an internal oversight board to oversee
and monitor the manner in which the
system is being implemented;
``(IV) establish sufficient
operational safeguards to reduce the
opportunities for abuse;
``(V) implement substantial security
measures to protect the system from
unauthorized access;
``(VI) adopt policies establishing
effective oversight of the use and
operation of the system; and
``(VII) ensure that there are no
specific privacy concerns with the
technological architecture of the
system.
``(iv) Passenger information.--Not later than
180 days after the completion of the testing of
the advanced passenger prescreening system, the
Assistant Secretary, by order or interim final
rule--
``(I) shall require air carriers to
supply to the Assistant Secretary the
passenger information needed to begin
implementing the advanced passenger
prescreening system; and
[[Page 3716]]
118 STAT. 3716
``(II) shall require entities that
provide systems and services to air
carriers in the operation of air carrier
reservations systems to provide to air
carriers passenger information in
possession of such entities, but only to
the extent necessary to comply with
subclause (I).
``(D) Screening of employees against watchlist.--The
Assistant Secretary of Homeland Security (Transportation
Security Administration), in coordination with the
Secretary of Transportation and the Administrator of the
Federal Aviation Administration, shall ensure that
individuals are screened against all appropriate records
in the consolidated and integrated terrorist watchlist
maintained by the Federal Government before--
``(i) being certificated by the Federal
Aviation Administration;
``(ii) being granted unescorted access to the
secure area of an airport; or
``(iii) being granted unescorted access to the
air operations area (as defined in section 1540.5
of title 49, Code of Federal Regulations, or any
successor regulation to such section) of an
airport.
``(E) Aircraft charter customer and lessee
prescreening.--
``(i) NOTE: Deadline. In general.--Not
later than 90 days after the date on which the
Assistant Secretary assumes the performance of the
advanced passenger prescreening function under
subparagraph (C)(ii), the Assistant Secretary
shall establish a process by which operators of
aircraft to be used in charter air transportation
with a maximum takeoff weight greater than 12,500
pounds and lessors of aircraft with a maximum
takeoff weight greater than 12,500 pounds may--
``(I) request the Department of
Homeland Security to use the advanced
passenger prescreening system to compare
information about any individual seeking
to charter an aircraft with a maximum
takeoff weight greater than 12,500
pounds, any passenger proposed to be
transported aboard such aircraft, and
any individual seeking to lease an
aircraft with a maximum takeoff weight
greater than 12,500 pounds to the
automatic selectee and no fly lists,
utilizing all appropriate records in the
consolidated and integrated terrorist
watchlist maintained by the Federal
Government; and
``(II) refuse to charter or lease an
aircraft with a maximum takeoff weight
greater than 12,500 pounds to or
transport aboard such aircraft any
persons identified on such watch list.
``(ii) NOTE: Applicability. Requirements.--The
requirements of subparagraph (C)(iii) shall apply
to this subparagraph.
``(iii) No fly and automatic selectee lists.--
The Secretary of Homeland Security, in
consultation with the Terrorist Screening Center,
shall design and review, as necessary, guidelines,
policies, and operating procedures for the
collection, removal, and updating
[[Page 3717]]
118 STAT. 3717
of data maintained, or to be maintained, in the no
fly and automatic selectee lists.
``(F) Applicability.--Section 607 of the Vision
100--Century of Aviation Reauthorization Act (49 U.S.C.
44903 note; 117 Stat. 2568) shall not apply to the
advanced passenger prescreening system established under
subparagraph (C).
``(G) Appeal procedures.--
``(i) In general.--The Assistant Secretary
shall establish a timely and fair process for
individuals identified as a threat under one or
more of subparagraphs (C), (D), and (E) to appeal
to the Transportation Security Administration the
determination and correct any erroneous
information.
``(ii) Records.--The process shall include the
establishment of a method by which the Assistant
Secretary will be able to maintain a record of air
passengers and other individuals who have been
misidentified and have corrected erroneous
information. To prevent repeated delays of
misidentified passengers and other individuals,
the Transportation Security Administration record
shall contain information determined by the
Assistant Secretary to authenticate the identity
of such a passenger or individual.
``(H) Definition.--In this paragraph, the term
`secure area of an airport' means the sterile area and
the Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulation
to such section).''.
(2) International flights.--Section 44909(c) of title 49,
United States Code, is amended--
(A) by striking ``paragraph (5),'' in paragraph (4)
and inserting ``paragraphs (5) and (6),''; and
(B) by adding at the end the following:
``(6) Prescreening international passengers.--
``(A) NOTE: Deadline. In general.--Not later
than 60 days after date of enactment of this paragraph,
the Secretary of Homeland Security, or the designee of
the Secretary, shall issue a notice of proposed
rulemaking that will allow the Department of Homeland
Security to compare passenger information for any
international flight to or from the United States
against the consolidated and integrated terrorist
watchlist maintained by the Federal Government before
departure of the flight.
``(B) Appeal procedures.--
``(i) In general.--The Secretary of Homeland
Security shall establish a timely and fair process
for individuals identified as a threat under
subparagraph (A) to appeal to the Department of
Homeland Security the determination and correct
any erroneous information.
``(ii) Records.--The process shall include the
establishment of a method by which the Secretary
will be able to maintain a record of air
passengers and other individuals who have been
misidentified and have corrected erroneous
information. To prevent repeated delays of
misidentified passengers and other
[[Page 3718]]
118 STAT. 3718
individuals, the Department of Homeland Security
record shall contain information determined by the
Secretary to authenticate the identity of such a
passenger or individual.''.
(b) Report on Effects on Privacy and Civil Liberties.--
(1) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Security Privacy
Officer of the Department of Homeland Security shall submit a
report assessing the impact of the automatic selectee and no fly
lists on privacy and civil liberties to the Committee on the
Judiciary, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on the Judiciary,
the Committee on Government Reform, the Committee on
Transportation and Infrastructure, and the Select Committee on
Homeland Security of the House of Representatives.
(2) Content.--The report submitted under paragraph (1) shall
include--
(A) any recommendations for practices, procedures,
regulations, or legislation that the Security Privacy
Officer considers necessary to minimize adverse effects
of automatic selectee and no fly lists on privacy,
discrimination, due process, and other civil liberties;
(B) a discussion of the implications of applying
those lists to other modes of transportation; and
(C) the effect that implementation of the
recommendations would have on the effectiveness of the
use of such lists to protect the United States against
terrorist attacks.
(3) NOTE: Public information. Form.--To the greatest
extent consistent with the protection of law enforcement-
sensitive information and classified information, and the
administration of applicable law, the report shall be submitted
in unclassified form and shall be available to the public. The
report may contain a classified annex if necessary.
(c) Report on Criteria for Consolidated Terrorist Watch List.--
(1) In general.--Within 180 days after the date of enactment
of this Act, the Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the
Secretary of State, and the Attorney General, shall submit to
Congress a report on the Terrorist Screening Center consolidated
screening watch list.
(2) Contents.--The report shall include--
(A) the criteria for placing the name of an
individual on the watch list;
(B) the minimum standards for reliability and
accuracy of identifying information;
(C) the degree of information certainty and the
range of threat levels that are to be identified for an
individual; and
(D) the range of applicable consequences that are to
apply to an individual, if located.
(3) NOTE: Public information. Form.--To the greatest
extent consistent with the protection of law enforcement-
sensitive information and classified information and the
administration of applicable law, the report shall be submitted
in unclassified form and shall be
[[Page 3719]]
118 STAT. 3719
available to the public. The report may contain a classified
annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT
SCREENING CHECKPOINTS.
(a) In General.--Subchapter I of chapter 449, of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44925. Deployment and use of detection equipment at airport
screening checkpoints
``(a) Weapons and Explosives.--The Secretary of Homeland Security
shall give a high priority to developing, testing, improving, and
deploying, at airport screening checkpoints, equipment that detects
nonmetallic, chemical, biological, and radiological weapons, and
explosives, in all forms, on individuals and in their personal property.
The Secretary shall ensure that the equipment alone, or as part of an
integrated system, can detect under realistic operating conditions the
types of weapons and explosives that terrorists would likely try to
smuggle aboard an air carrier aircraft.
``(b) Strategic Plan for Deployment and Use of Explosive Detection
Equipment at Airport Screening Checkpoints.--
``(1) NOTE: Deadline. In general.--Not later than 90
days after the date of enactment of this section, the Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall submit to the appropriate congressional
committees a strategic plan to promote the optimal utilization
and deployment of explosive detection equipment at airports to
screen individuals and their personal property. Such equipment
includes walk-through explosive detection portals, document
scanners, shoe scanners, and backscatter x-ray scanners. The
plan may be submitted in a classified format.
``(2) Content.--The strategic plan shall include, at
minimum--
``(A) a description of current efforts to detect
explosives in all forms on individuals and in their
personal property;
``(B) a description of the operational applications
of explosive detection equipment at airport screening
checkpoints;
``(C) a deployment schedule and a description of the
quantities of equipment needed to implement the plan;
``(D) a description of funding needs to implement
the plan, including a financing plan that provides for
leveraging of non-Federal funding;
``(E) a description of the measures taken and
anticipated to be taken in carrying out subsection (d);
and
``(F) a description of any recommended legislative
actions.
``(c) NOTE: Appropriation authorization. Portal Detection
Systems.--There is authorized to be appropriated to the Secretary of
Homeland Security for the use of the Transportation Security
Administration $250,000,000, in addition to any amounts otherwise
authorized by law, for research, development, and installation of
detection systems and other devices for the detection of biological,
chemical, radiological, and explosive materials.
``(d) Interim Action.--Until measures are implemented that enable
the screening of all passengers for explosives, the Assistant Secretary
shall provide, by such means as the Assistant Secretary
[[Page 3720]]
118 STAT. 3720
considers appropriate, explosives detection screening for all passengers
identified for additional screening and their personal property that
will be carried aboard a passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation.''.
(b) Conforming Amendment.--The analysis for chapter 449 of title 49,
United States Code, is amended by inserting after the item relating to
section 44924 the following:
``44925. Deployment and use of detection equipment at airport screening
checkpoints.''.
SEC. 4014. ADVANCED NOTE: 49 USC 44925 note. Deadline. AIRPORT
CHECKPOINT SCREENING DEVICES.
(a) Advanced Integrated Airport Checkpoint Screening System Pilot
Program.--Not later than March 31, 2005, the Assistant Secretary of
Homeland Security (Transportation Security Administration) shall develop
and initiate a pilot program to deploy and test advanced airport
checkpoint screening devices and technology as an integrated system at
not less than 5 airports in the United States.
(b) Funding.--Of the amounts appropriated pursuant to section
48301(a) of title 49, United States Code, for each of fiscal years 2005
and 2006, not more than $150,000,000 shall be available to carry out
subsection (a).
SEC. 4015. IMPROVEMENT NOTE: 49 USC 44935 note. OF SCREENER
JOB PERFORMANCE.
(a) Required Action.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall take such action as may
be necessary to improve the job performance of airport screening
personnel.
(b) NOTE: Deadline. Reports. Human Factors Study.--In carrying
out this section, the Assistant Secretary shall provide, not later than
180 days after the date of the enactment of this Act, to the appropriate
congressional committees a report on the results of any human factors
study conducted by the Department of Homeland Security to better
understand problems in screener performance and to improve screener
performance.
SEC. 4016. NOTE: 49 USC 44917 note. FEDERAL AIR MARSHALS.
(a) Federal Air Marshal Anonymity.--The Director of the Federal Air
Marshal Service of the Department of Homeland Security shall continue
operational initiatives to protect the anonymity of Federal air
marshals.
(b) Authorization of Additional Appropriations.--There is authorized
to be appropriated to the Secretary of Homeland Security for the use of
the Bureau of Immigration and Customs Enforcement, in addition to any
amounts otherwise authorized by law, for the deployment of Federal air
marshals under section 44917 of title 49, United States Code,
$83,000,000 for the 3 fiscal-year period beginning with fiscal year
2005. Such sums shall remain available until expended.
(c) Federal Law Enforcement Counterterrorism Training.--
(1) Availability of information.--The Assistant Secretary
for Immigration and Customs Enforcement and the Director of
Federal Air Marshal Service of the Department of Homeland
Security, shall make available, as practicable, appropriate
information on in-flight counterterrorism and weapons handling
procedures and tactics training to Federal
[[Page 3721]]
118 STAT. 3721
law enforcement officers who fly while in possession of a
firearm.
(2) Identification of fraudulent documents.--The Assistant
Secretary for Immigration and Customs Enforcement and the
Director of Federal Air Marshal Service of the Department of
Homeland Security, in coordination with the Assistant Secretary
of Homeland Security (Transportation Security Administration),
shall ensure that Transportation Security Administration
screeners and Federal air marshals receive training in
identifying fraudulent identification documents, including
fraudulent or expired visas and passports. Such training shall
also be made available to other Federal law enforcement agencies
and local law enforcement agencies located in a State that
borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF
FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively international
agreements with foreign governments to allow the maximum deployment of
Federal air marshals on international flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Training for Foreign Law Enforcement Personnel.--
``(1) In general.--The Assistant Secretary for Immigration
and Customs Enforcement of the Department of Homeland Security,
after consultation with the Secretary of State, may direct the
Federal Air Marshal Service to provide appropriate air marshal
training to law enforcement personnel of foreign countries.
``(2) Watchlist screening.--The Federal Air Marshal Service
may only provide appropriate air marshal training to law
enforcement personnel of foreign countries after comparing the
identifying information and records of law enforcement personnel
of foreign countries against all appropriate records in the
consolidated and integrated terrorist watchlists maintained by
the Federal Government.
``(3) Fees.--The Assistant Secretary shall establish
reasonable fees and charges to pay expenses incurred in carrying
out this subsection. Funds collected under this subsection shall
be credited to the account in the Treasury from which the
expenses were incurred and shall be available to the Assistant
Secretary for purposes for which amounts in such account are
available.''.
SEC. 4019. IN-LINE NOTE: 49 USC 44901 note. CHECKED BAGGAGE
SCREENING.
(a) In-Line Baggage Screening Equipment.--The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall take
such action as may be necessary to expedite the installation and use of
in-line baggage screening equipment at airports at which screening is
required by section 44901 of title 49, United States Code.
(b) NOTE: Deadline. Schedule.--Not later than 180 days after the
date of
enactment of this Act, the Assistant Secretary shall submit to the
appropriate congressional committees a schedule to expedite the
installation and use of in-line baggage screening equipment
[[Page 3722]]
118 STAT. 3722
at such airports, with an estimate of the impact that such equipment,
facility modification, and baggage conveyor placement will have on
staffing needs and levels related to aviation security.
(c) NOTE: Deadline. Replacement of Trace-Detection Equipment.--
Not later than 180 days after the date of enactment of this Act, the
Assistant Secretary shall establish and submit to the appropriate
congressional committees a schedule for replacing trace-detection
equipment, as soon as practicable and where appropriate, with explosive
detection system equipment.
(d) Cost-Sharing Study.--The Secretary of Homeland Security, in
consultation with representatives of air carriers, airport operators,
and other interested parties, shall submit to the appropriate
congressional committees, in conjunction with the submission of the
budget for fiscal year 2006 to Congress under section 1105(a) of title
31, United States Code--
(1) a proposed formula for cost-sharing among the Federal
Government, State and local governments, and the private sector
for projects to install in-line baggage screening equipment that
reflects the benefits that each of such entities derive from
such projects, including national security benefits and labor
and other cost savings;
(2) recommendations, including recommended legislation, for
an equitable, feasible, and expeditious system for defraying the
costs of the in-line baggage screening equipment authorized by
this title; and
(3) the results of a review of innovative financing
approaches and possible cost savings associated with the
installation of in-line baggage screening equipment at airports.
(e) Authorization for Expiring and New LOIs.--
(1) In general.--Section 44923(i) of title 49, United States
Code, is amended by striking ``$250,000,000 for each of fiscal
years 2004 through 2007.'' and inserting ``$400,000,000 for each
of fiscal years 2005, 2006, and 2007.''.
(2) NOTE: 49 USC 44923 note. Period of reimbursement.--
Notwithstanding any other provision of law, the Secretary may
provide that the period of reimbursement under any letter of
intent may extend for a period not to exceed 10 years after the
date that the Secretary issues such letter, subject to the
availability of appropriations. This paragraph applies to
letters of intent issued under section 44923 of title 49, United
States Code, and letters of intent issued under section 367 of
the Department of Transportation and Related Agencies
Appropriation Act, 2003 (49 U.S.C. 47110 note).
SEC. 4020. CHECKED NOTE: 49 USC 44901 note. BAGGAGE SCREENING
AREA MONITORING.
(a) In General.--The Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall provide, subject
to the availability of funds, assistance to airports at which screening
is required by section 44901 of title 49, United States Code, and that
have checked baggage screening areas that are not open to public view in
the acquisition and installation of security monitoring cameras for
surveillance of such areas in order to deter theft from checked baggage
and to aid in the speedy resolution of liability claims against the
Transportation Security Administration.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security for fiscal
[[Page 3723]]
118 STAT. 3723
year 2005 such sums as may be necessary to carry out this section. Such
sums shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
(a) Study.--The Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Administrator of the Federal Aviation Administration, shall conduct a
study to determine the viability of providing devices or methods,
including wireless methods, to enable a flight crew to discreetly notify
the pilot in the case of a security breach or safety issue occurring in
the cabin.
(b) Matters To Be Considered.--In conducting the study, the
Transportation Security Administration and the Federal Aviation
Administration shall consider technology that is readily available and
can be quickly integrated and customized for use aboard aircraft for
flight crew communication.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Transportation Security Administration shall submit to the
appropriate congressional committees a report on the results of the
study.
SEC. 4022. IMPROVED NOTE: 49 USC 44703 note. Deadline. PILOT
LICENSES.
(a) In General.--Not later than one year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall begin to issue improved pilot licenses consistent with the
requirements of title 49, United States Code, and title 14, Code of
Federal Regulations.
(b) Requirements.--Improved pilots licenses issued under subsection
(a) shall--
(1) be resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier that the
Administrator considers necessary.
(c) Tampering.--To the extent practical, the Administrator shall
develop methods to determine or reveal whether any component or security
feature of a license issued under subsection (a) has been tampered,
altered, or counterfeited.
(d) Use of Designees.--The Administrator may use designees to carry
out subsection (a) to the extent feasible in order to minimize the
burdens on pilots.
SEC. 4023. AVIATION SECURITY STAFFING.
(a) NOTE: Deadline. Standards. Aviation Security Staffing.--Not
later than 90 days after the date of enactment of this Act, the
Assistant Secretary of Homeland Security (Transportation Security
Administration) shall develop and submit to the appropriate
congressional committees standards for determining the aviation security
staffing for all airports at which screening is required under section
44901 of title 49, United States Code, necessary to--
(1) provide necessary levels of aviation security; and
(2) ensure that the average aviation security-related delay
experienced by airline passengers is minimized.
(b) NOTE: Reports. GAO Analysis.--As soon as practicable after
the date on which the Assistant Secretary has developed standards under
subsection (a), the Comptroller General shall conduct an expedited
analysis of, and submit a report to the appropriate congressional
[[Page 3724]]
118 STAT. 3724
committees on, the standards for effectiveness, administrability, ease
of compliance, and consistency with the requirements of existing law.
(c) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a study of
the feasibility of combining operations of Federal employees involved in
screening at commercial airports and aviation security-related functions
under the authority of the Department of Homeland Security in order to
coordinate security-related activities, increase the efficiency and
effectiveness of those activities, and increase commercial air
transportation security.
SEC. 4024. IMPROVED NOTE: 49 USC 44913 note. EXPLOSIVE
DETECTION SYSTEMS.
(a) Plan and Guidelines.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall develop a plan
and guidelines for implementing improved explosive detection system
equipment.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $100,000,000, in addition to any
amounts otherwise authorized by law, for the purpose of research and
development of improved explosive detection systems for aviation
security under section 44913 of title 49, United States Code.
SEC. 4025. NOTE: Deadline. PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this Act, the
Assistant Secretary for Homeland Security (Transportation Security
Administration) shall complete a review of the list of items prohibited
from being carried aboard a passenger aircraft operated by an air
carrier or foreign air carrier in air transportation or intrastate air
transportation set forth in section 1540 of title 49, Code of Federal
Regulations, and shall release a revised list that includes--
(1) butane lighters; and
(2) any other modification that the Assistant Secretary
considers appropriate.
SEC. 4026. MAN-PORTABLE NOTE: 22 USC 2751 note. AIR DEFENSE
SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export Control.--
(1) To limit availability and transfer of manpads.--The
President shall pursue, on an urgent basis, further strong
international diplomatic and cooperative efforts, including
bilateral and multilateral treaties, in the appropriate forum to
limit the availability, transfer, and proliferation of MANPADSs
worldwide.
(2) To limit the proliferation of manpads.--The President is
encouraged to seek to enter into agreements with the governments
of foreign countries that, at a minimum, would--
(A) prohibit the entry into force of a MANPADS
manufacturing license agreement and MANPADS co-
production agreement, other than the entry into force of
a manufacturing license or co-production agreement with
a country that is party to such an agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any
[[Page 3725]]
118 STAT. 3725
component, part, accessory, or attachment thereof,
without an individual validated license; and
(C) prohibit the reexport or retransfer of a
MANPADS, including any component, part, accessory, or
attachment thereof, to a third person, organization, or
government unless the written consent of the government
that approved the original export or transfer is first
obtained.
(3) To achieve destruction of manpads.--The President should
continue to pursue further strong international diplomatic and
cooperative efforts, including bilateral and multilateral
treaties, in the appropriate forum to assure the destruction of
excess, obsolete, and illicit stocks of MANPADSs worldwide.
(4) Reporting and briefing requirement.--
(A) President's report.--Not later than 180 days
after the date of enactment of this Act, the President
shall transmit to the appropriate congressional
committees a report that contains a detailed description
of the status of diplomatic efforts under paragraphs
(1), (2), and (3) and of efforts by the appropriate
United States agencies to comply with the
recommendations of the General Accounting Office set
forth in its report GAO-04-519, entitled
``Nonproliferation: Further Improvements Needed in U.S.
Efforts to Counter Threats from Man-Portable Air Defense
Systems''.
(B) Annual briefings.--Annually after the date of
submission of the report under subparagraph (A) and
until completion of the diplomatic and compliance
efforts referred to in subparagraph (A), the Secretary
of State shall brief the appropriate congressional
committees on the status of such efforts.
(b) FAA Airworthiness Certification of Missile Defense Systems for
Commercial Aircraft.--
(1) In general.--As soon as practicable, but not later than
the date of completion of Phase II of the Department of Homeland
Security's counter-man-portable air defense system (MANPADS)
development and demonstration program, the Administrator of the
Federal Aviation Administration shall establish a process for
conducting airworthiness and safety certification of missile
defense systems for commercial aircraft certified as effective
and functional by the Department of Homeland Security. The
process shall require a certification by the Administrator that
such systems can be safely integrated into aircraft systems and
ensure airworthiness and aircraft system integrity.
(2) Certification acceptance.--Under the process, the
Administrator shall accept the certification of the Department
of Homeland Security that a missile defense system is effective
and functional to defend commercial aircraft against MANPADSs.
(3) Expeditious certification.--Under the process, the
Administrator shall expedite the airworthiness and safety
certification of missile defense systems for commercial aircraft
certified by the Department of Homeland Security.
(4) Reports.--Not later than 90 days after the first
airworthiness and safety certification for a missile defense
system for commercial aircraft is issued by the Administrator,
and
[[Page 3726]]
118 STAT. 3726
annually thereafter until December 31, 2008, the Federal
Aviation Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that contains a detailed
description of each airworthiness and safety certification
issued for a missile defense system for commercial aircraft.
(c) Programs to Reduce MANPADS.--
(1) In general.--The President is encouraged to pursue
strong programs to reduce the number of MANPADSs worldwide so
that fewer MANPADSs will be available for trade, proliferation,
and sale.
(2) Reporting and briefing requirements.--Not later than 180
days after the date of enactment of this Act, the President
shall transmit to the appropriate congressional committees a
report that contains a detailed description of the status of the
programs being pursued under subsection (a). Annually thereafter
until the programs are no longer needed, the Secretary of State
shall brief the appropriate congressional committees on the
status of programs.
(3) Funding.--There is authorized to be appropriated such
sums as may be necessary to carry out this section.
(d) MANPADS Vulnerability Assessments Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the Department of Homeland Security's plans to secure airports
and the aircraft arriving and departing from airports against
MANPADSs attacks.
(2) Matters to be addressed.--The Secretary's report shall
address, at a minimum, the following:
(A) The status of the Department's efforts to
conduct MANPADSs vulnerability assessments at United
States airports at which the Department is conducting
assessments.
(B) How intelligence is shared between the United
States intelligence agencies and Federal, State, and
local law enforcement to address the MANPADS threat and
potential ways to improve such intelligence sharing.
(C) Contingency plans that the Department has
developed in the event that it receives intelligence
indicating a high threat of a MANPADS attack on aircraft
at or near United States airports.
(D) The feasibility and effectiveness of
implementing public education and neighborhood watch
programs in areas surrounding United States airports in
cases in which intelligence reports indicate there is a
high risk of MANPADS attacks on aircraft.
(E) Any other issues that the Secretary deems
relevant.
(3) Format.--The report required by this subsection may be
submitted in a classified format.
(e) Definitions.--In this section, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
[[Page 3727]]
118 STAT. 3727
(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be
man-portable and carried and fired by a single
individual; and
(B) any other surface-to-air missile system designed
to be operated and fired by more than one individual
acting as a crew and portable by several individuals.
SEC. 4027. TECHNICAL CORRECTIONS.
(a) Administrative Imposition of Penalties.--Section 46301(d) of
title 49, United States Code, is amended--
(1) in the first sentence of paragraph (2) by striking
``46302, 46303,'' and inserting ``46302 (for a violation
relating to section 46504),'';
(2) in the second sentence of paragraph (2)--
(A) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Secretary of Homeland
Security''; and
(B) by striking ``44909)'' and inserting ``44909),
46302 (except for a violation relating to section
46504), 46303,'';
(3) in paragraphs (2), (3), and (4) by striking ``Under
Secretary or'' each place it occurs and inserting ``Secretary of
Homeland Security or''; and
(4) in paragraph (4)(A) by moving clauses (i), (ii), and
(iii) 2 ems to the left.
(b) Compromise and Setoff for False Information.--Section
46302(b)(1) of title 49, United States Code, is amended by striking
``Secretary of Transportation'' and inserting ``Secretary of Homeland
Security and, for a violation relating to section 46504, the Secretary
of Transportation,''.
(c) Carrying a Weapon.--Section 46303 of title 49, United States
Code, is amended--
(1) in subsection (b)(1) by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''; and
(2) in subsection (c)(2) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Secretary of
Homeland Security''.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment of this Act,
the Assistant Secretary of Homeland Security (Transportation Security
Administration) shall submit to the appropriate congressional committees
a report on the costs and benefits associated with the use of secondary
flight deck barriers, including the recommendation of the Assistant
Secretary whether or not the use of such barriers should be mandated for
all air carriers. The report may be submitted in a classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY
FUNDING.
Section 48301(a) of title 49, United States Code, is amended by
striking ``and 2005'' and inserting ``2005, and 2006''.
[[Page 3728]]
118 STAT. 3728
Subtitle C--Air Cargo Security
SEC. 4051. PILOT NOTE: 49 USC 44901 note. PROGRAM TO EVALUATE
USE OF BLAST RESISTANT CARGO AND BAGGAGE
CONTAINERS.
(a) NOTE: Deadline. In General.--Beginning not later than 180
days after the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration) shall carry
out a pilot program to evaluate the use of blast-resistant containers
for cargo and baggage on passenger aircraft to minimize the potential
effects of detonation of an explosive device.
(b) Incentives for Participation in Pilot Program.--
(1) In general.--As part of the pilot program, the Assistant
Secretary shall provide incentives to air carriers to volunteer
to test the use of blast-resistant containers for cargo and
baggage on passenger aircraft.
(2) Applications.--To volunteer to participate in the
incentive program, an air carrier shall submit to the Assistant
Secretary an application that is in such form and contains such
information as the Assistant Secretary requires.
(3) Types of incentives.--Incentives provided by the
Assistant Secretary to air carriers that volunteer to
participate in the pilot program shall include the use of, and
financial assistance to cover increased costs to the carriers
associated with the use and maintenance of, blast-resistant
containers, including increased fuel costs.
(c) Technological Improvements.--The Secretary of Homeland Security,
in cooperation with the Secretary of Transportation, shall support
efforts to explore alternative technologies for minimizing the potential
effects of detonation of an explosive device on cargo and passenger
aircraft.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsections (a) and (b) $2,000,000. Such sum
shall remain available until expended.
SEC. 4052. NOTE: 49 USC 44901 note. AIR CARGO SECURITY.
(a) Air Cargo Screening Technology.--The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall develop
technology to better identify, track, and screen air cargo.
(b) NOTE: Appropriation authorization. Improved Air Cargo and
Airport Security.--There is authorized to be appropriated to the
Secretary of Homeland Security for the use of the Transportation
Security Administration, in addition to any amounts otherwise authorized
by law, for the purpose of improving aviation security related to the
transportation of cargo on both passenger aircraft and all-cargo
aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(c) Research, Development, and Deployment.--To carry out subsection
(a), there is authorized to be appropriated to the Secretary, in
addition to any amounts otherwise authorized by law, for research and
development related to enhanced air cargo security technology as well as
for deployment and installation of enhanced air cargo security
technology--
(1) $100,000,000 for fiscal year 2005;
[[Page 3729]]
118 STAT. 3729
(2) $100,000,000 for fiscal year 2006; and
(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d) Advanced Cargo Security Grants.--
(1) In general.--The Secretary shall establish and carry out
a program to issue competitive grants to encourage the
development of advanced air cargo security technology, including
use of innovative financing or other means of funding such
activities. The Secretary may make available funding for this
purpose from amounts appropriated pursuant to subsection (c).
(2) NOTE: Procedures. Eligibility criteria, etc.--The
Secretary shall establish such eligibility criteria, establish
such application and administrative procedures, and provide for
such matching funding requirements, if any, as may be necessary
and appropriate to ensure that the technology is deployed as
fully and rapidly as possible.
SEC. 4053. AIR NOTE: Deadline. CARGO SECURITY REGULATIONS.
Not later than 240 days after the date of enactment of this Act, the
Assistant Secretary of Homeland Security (Transportation Security
Administration) shall issue a final rule in Docket Number TSA-2004-19515
to amend transportation security regulations to enhance and improve the
security of air cargo transported in both passenger and all-cargo
aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in coordination with the
Secretary of Defense and the Administrator of the Federal Aviation
Administration, shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that contains
the following:
(1) A description of the current procedures in place to
address the threat of an inbound all-cargo aircraft from outside
the United States that intelligence sources indicate could carry
explosive, incendiary, chemical, biological, or nuclear devices.
(2) An analysis of the potential for establishing secure
facilities along established international aviation routes for
the purposes of diverting and securing aircraft described in
paragraph (1).
(b) Report Format.--The Secretary may submit all, or part, of the
report required by this section in such a classified and redacted format
as the Secretary determines appropriate or necessary.
Subtitle D--Maritime Security
SEC. 4071. WATCH NOTE: 46 USC 70101 note. LISTS FOR PASSENGERS
ABOARD VESSELS.
(a) Watch Lists.--
(1) In general.--As soon as practicable but not later than
180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall--
(A) implement a procedure under which the Department
of Homeland Security compares information about
[[Page 3730]]
118 STAT. 3730
passengers and crew who are to be carried aboard a
cruise ship with a comprehensive, consolidated database
containing information about known or suspected
terrorists and their associates;
(B) use the information obtained by comparing the
passenger and crew information with the information in
the database to prevent known or suspected terrorists
and their associates from boarding such ships or to
subject them to specific additional security scrutiny,
through the use of ``no transport'' and ``automatic
selectee'' lists or other means.
(2) Waiver.--The Secretary may waive the requirement in
paragraph (1)(B) with respect to cruise ships embarking at
foreign ports if the Secretary determines that the application
of such requirement to such cruise ships is impracticable.
(b) NOTE: Regulations. Cooperation From Operators of Cruise
Ships.--The Secretary of Homeland Security shall by rulemaking require
operators of cruise ships to provide the passenger and crew information
necessary to implement the procedure required by subsection (a).
(c) Maintenance of Accuracy and Integrity of ``No Transport'' and
``Automatic Selectee'' Lists.--
(1) NOTE: Guidelines. Procedures. Watch list database.--
The Secretary of Homeland Security, in consultation with the
Terrorist Screening Center, shall develop guidelines, policies,
and operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in the ``no
transport'' and ``automatic selectee'' lists described in
subsection (a)(1) that are designed to ensure the accuracy and
integrity of the lists.
(2) Accuracy of entries.--In developing the ``no transport''
and ``automatic selectee'' lists under subsection (a)(1)(B), the
Secretary shall establish a simple and timely method for
correcting erroneous entries, for clarifying information known
to cause false hits or misidentification errors, and for
updating relevant information that is dispositive in the
passenger and crew screening process. The Secretary shall also
establish a process to provide an individual whose name is
confused with, or similar to, a name in the watch list database
with a means of demonstrating that such individual is not the
person named in the database.
(d) Cruise Ship Defined.--In this section, the term ``cruise ship''
means a vessel on an international voyage that embarks or disembarks
passengers at a port of United States jurisdiction to which subpart C of
part 160 of title 33, Code of Federal Regulations, applies and that
provides overnight accommodations.
SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND
ASSESSMENTS.
(a) National Maritime Transportation Security Plan.--Section
70103(a)(1) of title 46, United States Code, is amended by striking
``The Secretary'' and inserting ``Not later than April 1, 2005, the
Secretary''.
(b) Facility and Vessel Vulnerability Assessments.--Section
70102(b)(1) of title 46, United States Code, is amended by striking ``,
the Secretary'' and inserting ``and by not later than December 31, 2004,
the Secretary''.
[[Page 3731]]
118 STAT. 3731
(c) Strategic Plan Reports.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives--
(1) a comprehensive program management plan that identifies
specific tasks to be completed, and deadlines for completion,
for the transportation security card program under section 70105
of title 46, United States Code, that incorporates best
practices for communicating, coordinating, and collaborating
with the relevant stakeholders to resolve relevant issues, such
as background checks;
(2) a report on the status of negotiations under section
103(a) of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70111);
(3) the report required by section 107(b) of the Maritime
Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
(4) a report on the status of the development of the system
and standards required by section 111 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(d) Other Reports.--Not later than 90 days after the date of the
enactment of this Act--
(1) the Secretary of Homeland Security shall submit to the
appropriate congressional committees--
(A) a report on the establishment of the National
Maritime Security Advisory Committee under section 70112
of title 46, United States Code; and
(B) a report on the status of the program required
by section 70116 of title 46, United States Code, to
evaluate and certify secure systems of international
intermodal transportation;
(2) the Secretary of Transportation shall submit to the
appropriate congressional committees the annual report required
by section 905 of the International Maritime and Port Security
Act (46 U.S.C. App. 1802) that includes information that should
have been included in the last preceding annual report that was
due under that section; and
(3) the Commandant of the United States Coast Guard shall
submit to the appropriate congressional committees the report
required by section 110(b) of the Maritime Transportation
Security Act of 2002 (46 U.S.C. 70101 note).
Subtitle E--General Provisions
SEC. 4081. NOTE: 49 USC 44901 note. DEFINITIONS.
In this title (other than in sections 4001 and 4026), the following
definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
[[Page 3732]]
118 STAT. 3732
(2) Aviation definitions.--The terms ``air carrier'', ``air
transportation'', ``aircraft'', ``airport'', ``cargo'',
``foreign air carrier'', and ``intrastate air transportation''
have the meanings given such terms in section 40102 of title 49,
United States Code.
(3) Secure area of an airport.--The term ``secure area of an
airport'' means the sterile area and the Secure Identification
Display Area of an airport (as such terms are defined in section
1540.5 of title 49, Code of Federal Regulations, or any
successor regulations).
SEC. 4082. NOTE: 49 USC 114 note. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
SEC. 5101. NOTE: 8 USC 1712 note. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot program to
test various advanced technologies that will improve border security
between ports of entry along the northern border of the United States.
SEC. 5102. NOTE: 8 USC 1712 note. PROGRAM REQUIREMENTS.
(a) Required Features.--The Secretary of Homeland Security shall
design the pilot program under this subtitle to have the following
features:
(1) Use of advanced technological systems, including
sensors, video, and unmanned aerial vehicles, for border
surveillance.
(2) Use of advanced computing and decision integration
software for--
(A) evaluation of data indicating border incursions;
(B) assessment of threat potential; and
(C) rapid real-time communication, monitoring,
intelligence gathering, deployment, and response.
(3) Testing of advanced technology systems and software to
determine best and most cost-effective uses of advanced
technology to improve border security.
(4) Operation of the program in remote stretches of border
lands with long distances between 24-hour ports of entry with a
relatively small presence of United States border patrol
officers.
(5) Capability to expand the program upon a determination by
the Secretary that expansion would be an appropriate and cost-
effective means of improving border security.
(b) Coordination With Other Agencies.--The Secretary of Homeland
Security shall ensure that the operation of the pilot program under this
subtitle--
(1) is coordinated among United States, State, local, and
Canadian law enforcement and border security agencies; and
[[Page 3733]]
118 STAT. 3733
(2) includes ongoing communication among such agencies.
SEC. 5103. NOTE: 8 USC 1712 note. ADMINISTRATIVE PROVISIONS.
(a) Procurement of Advanced Technology.--The Secretary of Homeland
Security may enter into contracts for the procurement or use of such
advanced technologies as the Secretary determines appropriate for the
pilot program under this subtitle.
(b) Program Partnerships.--In carrying out the pilot program under
this subtitle, the Secretary of Homeland Security may provide for the
establishment of cooperative arrangements for participation in the pilot
program by such participants as law enforcement and border security
agencies referred to in section 5102(b), institutions of higher
education, and private sector entities.
SEC. 5104. NOTE: 8 USC 1712 note. REPORT.
(a) Requirement for Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report on the pilot program under this subtitle.
(b) Content.--The report under subsection (a) shall include the
following matters:
(1) A discussion of the implementation of the pilot program,
including the experience under the pilot program.
(2) A recommendation regarding whether to expand the pilot
program along the entire northern border of the United States
and a timeline for the implementation of the expansion.
SEC. 5105. NOTE: 8 USC 1712 note. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary
to carry out the pilot program under this subtitle.
Subtitle B--Border and Immigration Enforcement
SEC. 5201. NOTE: 8 USC 1701 note. BORDER SURVEILLANCE.
(a) NOTE: Deadline. In General.--Not later than 6 months after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the President and the appropriate committees of Congress
a comprehensive plan for the systematic surveillance of the southwest
border of the United States by remotely piloted aircraft.
(b) Contents.--The plan submitted under subsection (a) shall
include--
(1) recommendations for establishing command and control
centers, operations sites, infrastructure, maintenance, and
procurement;
(2) cost estimates for the implementation of the plan and
ongoing operations;
(3) recommendations for the appropriate agent within the
Department of Homeland Security to be the executive agency for
remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for the
plan;
(5) the types of missions the plan would undertake,
including--
(A) protecting the lives of people seeking illegal
entry into the United States;
[[Page 3734]]
118 STAT. 3734
(B) interdicting illegal movement of people,
weapons, and other contraband across the border;
(C) providing investigative support to assist in the
dismantling of smuggling and criminal networks along the
border;
(D) using remotely piloted aircraft to serve as
platforms for the collection of intelligence against
smugglers and criminal networks along the border; and
(E) further validating and testing of remotely
piloted aircraft for airspace security missions;
(6) the equipment necessary to carry out the plan; and
(7) a recommendation regarding whether to expand the pilot
program along the entire southwest border.
(c) Implementation.--The Secretary of Homeland Security shall
implement the plan submitted under subsection (a) as a pilot program as
soon as sufficient funds are appropriated and available for this
purpose.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section.
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In NOTE: Effective date. each of the fiscal years 2006 through
2010, the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase by not less
than 2,000 the number of positions for full-time active-duty border
patrol agents within the Department of Homeland Security above the
number of such positions for which funds were allotted for the preceding
fiscal year. In each of the fiscal years 2006 through 2010, in addition
to the border patrol agents assigned along the northern border of the
United States during the previous fiscal year, the Secretary shall
assign a number of border patrol agents equal to not less than 20
percent of the net increase in border patrol agents during each such
fiscal year.
SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS
ENFORCEMENT INVESTIGATORS.
In NOTE: Effective date. each of fiscal years 2006 through 2010,
the Secretary of Homeland Security shall, subject to the availability of
appropriations for such purpose, increase by not less than 800 the
number of positions for full-time active duty investigators within the
Department of Homeland Security investigating violations of immigration
laws (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17)) above the number of such
positions for which funds were made available during the preceding
fiscal year.
SEC. 5204. INCREASE IN DETENTION BED SPACE.
(a) NOTE: Effective date. In General.--Subject to the
availability of appropriated funds, the Secretary of Homeland Security
shall increase by not less than 8,000, in each of the fiscal years 2006
through 2010, the number of beds available for immigration detention and
removal operations of the Department of Homeland Security above the
number for which funds were allotted for the preceding fiscal year.
(b) Priority.--The Secretary shall give priority for the use of
these additional beds to the detention of individuals charged with
removability under section 237(a)(4) of the Immigration and
[[Page 3735]]
118 STAT. 3735
Nationality Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section
212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
Subtitle C--Visa Requirements
SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) Requirement for Interviews.--Section 222 of the Immigration and
Nationality Act (8 U.S.C. 1202) is amended by adding at the end the
following new subsection:
``(h) Notwithstanding any other provision of this Act, the Secretary
of State shall require every alien applying for a nonimmigrant visa--
``(1) who is at least 14 years of age and not more than 79
years of age to submit to an in person interview with a consular
officer unless the requirement for such interview is waived--
``(A) by a consular official and such alien is--
``(i) within that class of nonimmigrants
enumerated in subparagraph (A) or (G) of section
101(a)(15);
``(ii) within the NATO visa category;
``(iii) within that class of nonimmigrants
enumerated in section 101(a)(15)(C)(iii) (referred
to as the `C-3 visa' category); or
``(iv) granted a diplomatic or official visa
on a diplomatic or official passport or on the
equivalent thereof;
``(B) by a consular official and such alien is
applying for a visa--
``(i) not more than 12 months after the date
on which such alien's prior visa expired;
``(ii) for the visa classification for which
such prior visa was issued;
``(iii) from the consular post located in the
country of such alien's usual residence, unless
otherwise prescribed in regulations that require
an applicant to apply for a visa in the country of
which such applicant is a national; and
``(iv) the consular officer has no indication
that such alien has not complied with the
immigration laws and regulations of the United
States; or
``(C) by the Secretary of State if the Secretary
determines that such waiver is--
``(i) in the national interest of the United
States; or
``(ii) necessary as a result of unusual or
emergent circumstances; and
``(2) notwithstanding paragraph (1), to submit to an in
person interview with a consular officer if such alien--
``(A) is not a national or resident of the country
in which such alien is applying for a visa;
``(B) was previously refused a visa, unless such
refusal was overcome or a waiver of ineligibility has
been obtained;
``(C) is listed in the Consular Lookout and Support
System (or successor system at the Department of State);
``(D) is a national of a country officially
designated by the Secretary of State as a state sponsor
of terrorism,
[[Page 3736]]
118 STAT. 3736
except such nationals who possess nationalities of
countries that are not designated as state sponsors of
terrorism;
``(E) requires a security advisory opinion or other
Department of State clearance, unless such alien is--
``(i) within that class of nonimmigrants
enumerated in subparagraph (A) or (G) of section
101(a)(15);
``(ii) within the NATO visa category;
``(iii) within that class of nonimmigrants
enumerated in section 101(a)(15)(C)(iii) (referred
to as the `C-3 visa' category); or
``(iv) an alien who qualifies for a diplomatic
or official visa, or its equivalent; or
``(F) is identified as a member of a group or sector
that the Secretary of State determines--
``(i) poses a substantial risk of submitting
inaccurate information in order to obtain a visa;
``(ii) has historically had visa applications
denied at a rate that is higher than the average
rate of such denials; or
``(iii) poses a security threat to the United
States.''.
SEC. 5302. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8 U.S.C.
1202(c)) is amended by inserting ``The alien shall provide complete and
accurate information in response to any request for information
contained in the application.'' after the second sentence.
SEC. 5303. NOTE: 8 USC 1202 note. EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this Act,
sections 5301 and 5302 shall take effect 90 days after the date of
enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) Limitation on Review.--Section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end the
following: ``There shall be no means of judicial review (including
review pursuant to section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such title)
of a revocation under this subsection, except in the context of a
removal proceeding if such revocation provides the sole ground for
removal under section 237(a)(1)(B).''.
(b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended by
striking ``United States is'' and inserting the following: ``United
States, or whose nonimmigrant visa (or other documentation authorizing
admission into the United States as a nonimmigrant) has been revoked
under section 221(i), is''.
(c) Revocation of Petitions.--Section 205 of the Immigration and
Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by striking the final two sentences.
(d) NOTE: 8 USC 1155 note. Effective Date.--The amendments made
by this section shall take effect on the date of enactment of this Act
and shall apply to revocations under sections 205 and 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before,
on, or after such date.
[[Page 3737]]
118 STAT. 3737
Subtitle D--Immigration Reform
SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the
following:
``(4) In the case of a person who has brought aliens into the United
States in violation of this subsection, the sentence otherwise provided
for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more; and
``(C)(i) aliens were transported in a manner that endangered
their lives; or
``(ii) the aliens presented a life-threatening health risk
to people in the United States.''.
(b) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is
further amended by adding at the end the following:
``(e) Outreach Program.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State, as
appropriate, shall develop and implement an outreach program to educate
the public in the United States and abroad about the penalties for
bringing in and harboring aliens in violation of this section.''.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE
TRAINING FROM TERRORIST ORGANIZATIONS.
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)) is amended by adding at the end the following:
``(E) Recipient of military-type training.--
``(i) In general.--Any alien who has received
military-type training from or on behalf of any
organization that, at the time the training was
received, was a terrorist organization (as defined
in subclause (I) or (II) of section
212(a)(3)(B)(vi)), is deportable.
``(ii) Definition.--As used in this
subparagraph, the term `military-type training'
includes training in means or methods that can
cause death or serious bodily injury, destroy or
damage property, or disrupt services to critical
infrastructure, or training on the use, storage,
production, or assembly of any explosive, firearm,
or other weapon, including any weapon of mass
destruction (as defined in section 2332a(c)(2) of
title 18, United States Code).''.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
(a) NOTE: Deadline. Study.--Commencing not later than 30 days
after the date of the enactment of this Act, the Comptroller General of
the United States shall conduct a study to evaluate the extent to which
weaknesses in the United States asylum system and withholding of removal
system have been or could be exploited by aliens connected to, charged
in connection with, or tied to terrorist activity.
(b) Elements.--The study under subsection (a) shall address, but not
be limited to, the following:
[[Page 3738]]
118 STAT. 3738
(1) The number of aliens connected to, tied to, charged in
connection with, or who claim to have been accused of or charged
in connection with terrorist activity who have applied for, been
granted, or been denied asylum.
(2) The number of aliens connected to, tied to, charged in
connection with, or who claim to have been accused of or charged
in connection with terrorist activity who have applied for, been
granted, or been denied release from detention.
(3) The number of aliens connected to, tied to, charged in
connection with, or who claim to have been accused of or charged
in connection with terrorist activity who have been denied
asylum but who remain at large in the United States.
(4) The effect of the confidentiality provisions of section
208.6 of title 8, Code of Federal Regulations, on the ability of
the United States Government to establish that an alien is
connected to or tied to terrorist activity, such that the alien
is barred from asylum or withholding of removal, is removable
from the United States, or both.
(5) The effect that precedential decisions, if any, holding
that the extrajudicial punishment of an individual connected to
terrorism, or guerrilla or militant activity abroad, or threats
of such punishment, constitute persecution on account of
political opinion as defined in section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)), have had
on the ability of the United States Government to remove aliens
whom the United States Government believes are connected to or
have ties to terrorism.
(6) The extent to which court precedents have affected the
ability of the United States Government to determine or prove
that an alien the United States Government believes to be
connected to or tied to terrorism is in fact so connected or
tied, including--
(A) so-called ``imputed political opinion'';
(B) judicial review, reversal, or both of the
credibility determinations of immigration judges; and
(C) the need to use classified information in
removal proceedings against aliens suspected of
connections or ties to terrorism.
(7) The likelihood that an alien connected to or with ties
to terrorism has been granted asylum or withholding of removal.
(8) The likelihood that an alien connected to or with ties
to terrorism has used the United States asylum system to enter
or remain in the United States in order to plan, conspire, or
carry out, or attempt to plan, conspire, or carry out, an act of
terrorism.
(c) Consideration and Assessment.--Solely for purposes of conducting
the study under subsection (a), the Comptroller General shall consider
the possibility, and assess the likelihood, that an alien whom the
United States Government accuses or has accused of having a connection
to or ties to terrorism is in fact connected to or tied to terrorism,
notwithstanding any administrative or judicial determination to the
contrary.
(d) Scope.--In conducting the study under subsection (a), the
Comptroller General shall seek information from the Department of
Homeland Security, the Federal Bureau of Investigation, the Central
Intelligence Agency, the Department of Justice, foreign
[[Page 3739]]
118 STAT. 3739
governments, experts in the field of alien terrorists, and any other
appropriate source.
(e) Privacy.--
(1) In general.--Notwithstanding section 208.6 of title 8,
Code of Federal Regulations, the Comptroller General shall, for
purposes of the study under subsection (a), have access to the
applications and administrative and judicial records of alien
applicants for asylum and withholding of removal. Except for
purposes of preparing the reports under subsection (f), such
information shall not be further disclosed or disseminated, nor
shall the names or personal identifying information of any
applicant be released.
(2) Security of records.--The Comptroller General shall
ensure that records received pursuant to this section are
appropriately secured to prevent their inadvertent disclosure.
(f) Report to Congress.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress and the Secretary of
Homeland Security a report on the findings and recommendations
of the Comptroller General under the study under subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The assessment of the Comptroller General on
each matter specified in subsection (b).
(B) Any recommendations of the Comptroller General
for such administrative action on any matter specified
in subsection (a) as the Comptroller General considers
necessary to better protect the national security of the
United States.
(C) Any recommendations of the Comptroller General
for such legislative action on any matter specified in
subsection (a) as the Comptroller General considers
necessary to better protect the national security of the
United States.
(3) Form.--If necessary, the Comptroller General may submit
a classified and unclassified version of the report under
paragraph (1).
(g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives.
[[Page 3740]]
118 STAT. 3740
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE
COMMITTED ACTS OF TORTURE OR
EXTRAJUDICIAL KILLINGS ABROAD.
(a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(1) in clause (ii), by striking ``has engaged in conduct
that is defined as genocide for purposes of the International
Convention on the Prevention and Punishment of Genocide is
inadmissible'' and inserting ``ordered, incited, assisted, or
otherwise participated in conduct outside the United States that
would, if committed in the United States or by a United States
national, be genocide, as defined in section 1091(a) of title
18, United States Code, is inadmissible'';
(2) by adding at the end the following:
``(iii) Commission of acts of torture or
extrajudicial killings.--Any alien who, outside
the United States, has committed, ordered,
incited, assisted, or otherwise participated in
the commission of--
``(I) any act of torture, as defined
in section 2340 of title 18, United
States Code; or
``(II) under color of law of any
foreign nation, any extrajudicial
killing, as defined in section 3(a) of
the Torture Victim Protection Act of
1991 (28 U.S.C. 1350 note),
is inadmissible.''; and
(3) in the subparagraph heading, by striking ``Participants
in nazi persecution or genocide'' and inserting ``Participants
in nazi persecution, genocide, or the commission of any act of
torture or extrajudicial killing''.
(b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C.
1227(a)(4)(D)) is amended--
(1) by striking ``clause (i) or (ii)'' and inserting
``clause (i), (ii), or (iii)''; and
(2) in the subparagraph heading, by striking ``Assisted in
nazi persecution or engaged in genocide'' and inserting
``Participated in nazi persecution, genocide, or the commission
of any act of torture or extrajudicial killing''.
(c) NOTE: 8 USC 1182 note. Effective Date.--The amendments made
by this section shall apply to offenses committed before, on, or after
the date of enactment of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT
OFFICIALS WHO HAVE COMMITTED
PARTICULARLY SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
(a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to
read as follows:
[[Page 3741]]
118 STAT. 3741
``(G) Foreign government officials who have
committed particularly severe violations of religious
freedom.--Any alien who, while serving as a foreign
government official, was responsible for or directly
carried out, at any time, particularly severe violations
of religious freedom, as defined in section 3 of the
International Religious Freedom Act of 1998 (22 U.S.C.
6402), is inadmissible.''.
(b) Ground of Deportability.--Section 237(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the
end the following:
``(E) Participated in the commission of severe
violations of religious freedom.--Any alien described in
section 212(a)(2)(G) is deportable.''.
SEC. 5503. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)) is amended--
(1) in subparagraph (A), by striking ``and 3(E)'' and
inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; and
(2) in subparagraph (B), by striking ``and 3(E)'' and
inserting ``and clauses (i) and (ii) of paragraph (3)(E)''.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE
COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL
KILLINGS, OR SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)) is amended--
(1) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(2) by adding at the end the following:
``(9) one who at any time has engaged in conduct described
in section 212(a)(3)(E) (relating to assistance in Nazi
persecution, participation in genocide, or commission of acts of
torture or extrajudicial killings) or 212(a)(2)(G) (relating to
severe violations of religious freedom).''.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) Amendment of the Immigration and Nationality Act.--Section 103
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by
adding at the end the following:
``(h)(1) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special
Investigations with the authority to detect and investigate, and, where
appropriate, to take legal action to denaturalize any alien described in
section 212(a)(3)(E).
``(2) The Attorney General shall consult with the Secretary of
Homeland Security in making determinations concerning the criminal
prosecution or extradition of aliens described in section 212(a)(3)(E).
``(3) In determining the appropriate legal action to take against an
alien described in section 212(a)(3)(E), consideration shall be given
to--
``(A) the availability of criminal prosecution under the
laws of the United States for any conduct that may form the
basis for removal and denaturalization; or
[[Page 3742]]
118 STAT. 3742
``(B) the availability of extradition of the alien to a
foreign jurisdiction that is prepared to undertake a prosecution
for such conduct.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of Justice such sums as may be necessary to carry
out the additional duties established under section 103(h) of
the Immigration and Nationality Act (as added by this subtitle)
in order to ensure that the Office of Special Investigations
fulfills its continuing obligations regarding Nazi war
criminals.
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this Act, the
Attorney General, in consultation with the Secretary of Homeland
Security, shall submit to the Committees on the Judiciary of the Senate
and the House of Representatives a report on implementation of this
subtitle that includes a description of--
(1) the procedures used to refer matters to the Office of
Special Investigations and other components within the
Department of Justice and the Department of Homeland Security in
a manner consistent with the amendments made by this subtitle;
(2) the revisions, if any, made to immigration forms to
reflect changes in the Immigration and Nationality Act made by
the amendments contained in this subtitle; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whether
an alien may be inadmissible under the terms of the amendments
made by this subtitle.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a) In General.--Section 101(b)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at
the end the following new subparagraph:
``(C) engages in international terrorism or
activities in preparation therefore; or''.
(b) NOTE: 50 USC 1801 note. Sunset.--The amendment made by
subsection (a) shall be subject to the sunset provision in section 224
of Public Law 107-56 (115 Stat. 295), including the exception provided
in subsection (b) of such section 224.
[[Page 3743]]
118 STAT. 3743
SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
(a) Additional Reporting Requirements.--The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) NOTE: 50 USC 1801 note. by redesignating--
(A) title VI as title VII; and
(B) section 601 as section 701; and
(2) by inserting after title V the following new title:
``TITLE VI--REPORTING REQUIREMENT
``SEC. 601. NOTE: 50 USC 1871 note. SEMIANNUAL REPORT OF THE
ATTORNEY GENERAL.
``(a) Report.--On a semiannual basis, the Attorney General shall
submit to the Permanent Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the Senate, and
the Committees on the Judiciary of the House of Representatives and the
Senate, in a manner consistent with the protection of the national
security, a report setting forth with respect to the preceding 6-month
period--
``(1) the aggregate number of persons targeted for orders
issued under this Act, including a breakdown of those targeted
for--
``(A) electronic surveillance under section 105;
``(B) physical searches under section 304;
``(C) pen registers under section 402; and
``(D) access to records under section 501;
``(2) the number of individuals covered by an order issued
pursuant to section 101(b)(1)(C);
``(3) the number of times that the Attorney General has
authorized that information obtained under this Act may be used
in a criminal proceeding or any information derived therefrom
may be used in a criminal proceeding;
``(4) a summary of significant legal interpretations of this
Act involving matters before the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review, including interpretations presented in
applications or pleadings filed with the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review by the Department of Justice; and
``(5) copies of all decisions (not including orders) or
opinions of the Foreign Intelligence Surveillance Court or
Foreign Intelligence Surveillance Court of Review that include
significant construction or interpretation of the provisions of
this Act.
``(b) Frequency.--The first report under this section shall be
submitted not later than 6 months after the date of enactment of this
section. Subsequent reports under this section shall be submitted semi-
annually thereafter.''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking
the items relating to title VI and inserting the following new items:
``TITLE VI--REPORTING REQUIREMENT
``Sec. 601. Semiannual report of the Attorney General.
[[Page 3744]]
118 STAT. 3744
``TITLE VII--EFFECTIVE DATE
``Sec. 701. Effective date.''.
Subtitle B--Money Laundering and Terrorist Financing
SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code, is
amended--
(1) by striking ``appropriations.--There are authorized''
and inserting ``Appropriations.--
``(1) In general.--There are authorized''; and
(2) by adding at the end the following new paragraph:
``(2) Authorization for funding key technological
improvements in mission-critical fincen systems.--There are
authorized to be appropriated for fiscal year 2005 the following
amounts, which are authorized to remain available until
expended:
``(A) BSA direct.--For technological improvements to
provide authorized law enforcement and financial
regulatory agencies with Web-based access to FinCEN
data, to fully develop and implement the highly secure
network required under section 362 of Public Law 107-56
to expedite the filing of, and reduce the filing costs
for, financial institution reports, including suspicious
activity reports, collected by FinCEN under chapter 53
and related provisions of law, and enable FinCEN to
immediately alert financial institutions about
suspicious activities that warrant immediate and
enhanced scrutiny, and to provide and upgrade advanced
information-sharing technologies to materially improve
the Government's ability to exploit the information in
the FinCEN data banks, $16,500,000.
``(B) Advanced analytical technologies.--To provide
advanced analytical tools needed to ensure that the data
collected by FinCEN under chapter 53 and related
provisions of law are utilized fully and appropriately
in safeguarding financial institutions and supporting
the war on terrorism, $5,000,000.
``(C) Data networking modernization.--To improve the
telecommunications infrastructure to support the
improved capabilities of the FinCEN systems, $3,000,000.
``(D) Enhanced compliance capability.--To improve
the effectiveness of the Office of Compliance in FinCEN,
$3,000,000.
``(E) Detection and prevention of financial crimes
and terrorism.--To provide development of, and training
in the use of, technology to detect and prevent
financial crimes and terrorism within and without the
United States, $8,000,000.''.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
REAUTHORIZATION.
(a) Program.--Section 5341(a)(2) of title 31, United States Code, is
amended--
(1) by striking ``February 1'' and inserting ``August 1'';
and
[[Page 3745]]
118 STAT. 3745
(2) by striking ``and 2003,'' and inserting ``2003, 2005,
and 2007,''.
(b) Reauthorization of Appropriations.--Section 5355 of title 31,
United States Code, is amended by adding at the end the following:
``2004................$15,000,000.
``2005................$15,000,000.''.
Subtitle C--Money NOTE: International Money Laundering Abatement and
Financial Antiterrorism Technical Corrections Act of 2004. 31 USC 5301
note. Laundering Abatement and Financial Antiterrorism Technical
Corrections
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of
2004''.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 NOTE: 115 Stat.
296. is amended to read as follows:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(b) The table of contents for Public Law 107-56 is amended by
striking the item relating to title III and inserting the following:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(c) Section 302 of Public Law 107-56 NOTE: 31 USC 5311 note. is
amended--
(1) in subsection (a)(4), by striking the comma after
``movement of criminal funds'';
(2) in subsection (b)(7), by inserting ``or types of
accounts'' after ``classes of international transactions''; and
(3) in subsection (b)(10), by striking ``subchapters II and
III'' and inserting ``subchapter II''.
(d) Section 303(a) of Public Law 107-56 NOTE: 31 USC 5311
note. is amended by striking ``Anti-Terrorist Financing Act'' and
inserting ``Financial Antiterrorism Act''.
(e) The heading for section 311 of Public Law 107-56 NOTE: 31 USC
5311 note. is amended by striking ``or international transactions''
and inserting ``international transactions, or types of accounts''.
(f) Section 314 of Public Law 107-56 NOTE: 31 USC 5311 note. is
amended--
(1) in paragraph (1)--
(A) by inserting a comma after ``organizations
engaged in''; and
(B) by inserting a comma after ``credible evidence
of engaging in'';
(2) in paragraph (2)(A)--
[[Page 3746]]
118 STAT. 3746
(A) by striking ``and'' after ``nongovernmental
organizations,''; and
(B) by inserting a comma after ``unwittingly
involved in such finances'';
(3) in paragraph (3)(A)--
(A) by striking ``to monitor accounts of'' and
inserting ``monitor accounts of,''; and
(B) by striking the comma after ``organizations
identified''; and
(4) in paragraph (3)(B), by inserting ``financial'' after
``size, and nature of the''.
(g) Section 321(a) of Public Law 107-56 NOTE: 31 USC 5312. is
amended by striking ``5312(2)'' and inserting ``5312(a)(2)''.
(h) Section 325 of Public Law 107-56 NOTE: 31 USC 5318. is
amended by striking ``as amended by section 202 of this title,'' and
inserting ``as amended by section 352,''.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public Law 107-
56 NOTE: 12 USC 1842 note, 1828 note. are each amended by striking
``2001'' and all that follows and inserting a period.
(j) Section 356(c)(4) of Public Law 107-56 NOTE: 31 USC 5311
note. is amended by striking ``or business or other grantor trust''
and inserting ``, business trust, or other grantor trust''.
(k) Section 358(e) of Public Law 107-56 NOTE: 12 USC 1953. is
amended--
(1) by striking ``Section 123(a)'' and inserting ``That
portion of section 123(a)'';
(2) by striking ``is amended to read'' and inserting ``that
precedes paragraph (1) of such section is amended to read''; and
(3) in the amendment made in that subsection (e), by
striking ``person.'' and inserting the following: ``person--''.
(l) Section 360 of Public Law 107-56 NOTE: 22 USC 262p-4r. is
amended--
(1) in subsection (a), by inserting ``the'' after
``utilization of the funds of''; and
(2) in subsection (b), by striking ``at such institutions''
and inserting ``at such institution''.
(m) Section 362(a)(1) of Public Law 107-56 NOTE: 31 USC 310
note. is amended by striking ``subchapter II or III'' and inserting
``subchapter II''.
(n) Section 365 of Public Law 107-56 is amended--
(1) NOTE: 31 USC 5301. by redesignating the second of
the 2 subsections designated as subsection (c) (relating to a
clerical amendment) as subsection (d); and
(2) NOTE: 31 USC 5331 note. by redesignating subsection
(f) as subsection (e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated by
subsection (n) of this section) is amended by striking ``section 5332
(as added by section 112 of this title)'' and inserting ``section
5330''.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is amended by
striking ``the Network'' each place such term appears and inserting
``FinCEN''.
(b) Section 5312(a)(3)(C) of title 31, United States Code, is
amended by striking ``sections 5333 and 5316'' and inserting ``sections
5316 and 5331''.
(c) Section 5318(i) of title 31, United States Code, is amended--
(1) in paragraph (3)(B), by inserting a comma after
``foreign political figure'' the second place such term appears;
and
[[Page 3747]]
118 STAT. 3747
(2) in the heading of paragraph (4), by striking
``Definition'' and inserting ``Definitions''.
(d) Section 5318(k)(1)(B) of title 31, United States Code, is
amended by striking ``section 5318A(f)(1)(B)'' and inserting ``section
5318A(e)(1)(B)''.
(e) The heading for section 5318A of title 31, United States Code,
is amended to read as follows:
``Sec. 5318A. Special measures for jurisdictions, financial
institutions, international transactions, or
types of accounts of primary money laundering
concern''.
(f) Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)(4)(A), by striking ``, as defined in
section 3 of the Federal Deposit Insurance Act,'' and inserting
``(as defined in section 3 of the Federal Deposit Insurance
Act)'';
(2) in subsection (a)(4)(B)(iii), by striking ``or class of
transactions'' and inserting ``class of transactions, or type of
account'';
(3) in subsection (b)(1)(A), by striking ``or class of
transactions to be'' and inserting ``class of transactions, or
type of account to be''; and
(4) in subsection (e)(3), by inserting ``or subsection (i)
or (j) of section 5318'' after ``identification of individuals
under this section''.
(g) Section 5324(b) of title 31, United States Code, is amended by
striking ``5333'' each place such term appears and inserting ``5331''.
(h) Section 5332 of title 31, United States Code, is amended--
(1) in subsection (b)(2), by striking ``, subject to
subsection (d) of this section''; and
(2) in subsection (c)(1), by striking ``, subject to
subsection (d) of this section,''.
(i) The table of sections for subchapter II of chapter 53 of title
31, United States Code, is amended by striking the item relating to
section 5318A and inserting the following:
``5318A. Special measures for jurisdictions, financial institutions,
international transactions, or types of accounts of primary
money laundering concern.''.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act (12 U.S.C.
1828(w)(3)) is amended by inserting a comma after ``agent of such
institution''.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1829b(a)(2)) is amended by striking ``recognizes that'' and inserting
``recognizing that''.
(l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C.
1681v(e)) is amended by striking ``governmental agency'' and inserting
``government agency''.
SEC. 6204. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking section 303
(31 U.S.C. 5311 note).
SEC. 6205. NOTE: 12 USC 1828 note. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107-56, the
United States Code, the Federal Deposit Insurance Act, and any other
provision of law shall take effect as if such amendments had been
included in Public Law 107-56, as of the date
[[Page 3748]]
118 STAT. 3748
of enactment of such Public Law, and no amendment made by such Public
Law that is inconsistent with an amendment made by this subchapter shall
be deemed to have taken effect.
Subtitle D--Additional Enforcement Tools
SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
(a) Production of Documents.--Section 5114(a) of title 31, United
States Code (relating to engraving and printing currency and security
documents), is amended--
(1) by striking ``(a) The Secretary of the Treasury'' and
inserting:
``(a) Authority To Engrave and Print.--
``(1) In general.--The Secretary of the Treasury''; and
(2) by adding at the end the following new paragraphs:
``(2) Engraving and printing for other governments.--The
Secretary of the Treasury may produce currency, postage stamps,
and other security documents for foreign governments if--
``(A) the Secretary of the Treasury determines that
such production will not interfere with engraving and
printing needs of the United States; and
``(B) the Secretary of State determines that such
production would be consistent with the foreign policy
of the United States.
``(3) Procurement guidelines.--Articles, material, and
supplies procured for use in the production of currency, postage
stamps, and other security documents for foreign governments
pursuant to paragraph (2) shall be treated in the same manner as
articles, material, and supplies procured for public use within
the United States for purposes of title III of the Act of March
3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as the Buy
American Act).''.
(b) Reimbursement.--Section 5143 of title 31, United States Code
(relating to payment for services of the Bureau of Engraving and
Printing), is amended--
(1) in the first sentence, by inserting ``or to a foreign
government under section 5114'' after ``agency'';
(2) in the second sentence, by inserting ``and other'' after
``including administrative''; and
(3) in the last sentence, by inserting ``, and the Secretary
shall take such action, in coordination with the Secretary of
State, as may be appropriate to ensure prompt payment by a
foreign government of any invoice or statement of account
submitted by the Secretary with respect to services rendered
under section 5114'' before the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF FUNDS.
Section 5318 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(n) Reporting of Certain Cross-Border Transmittals of Funds.--
``(1) NOTE: Regulations. In general.--Subject to
paragraphs (3) and (4), the Secretary shall prescribe
regulations requiring such financial
[[Page 3749]]
118 STAT. 3749
institutions as the Secretary determines to be appropriate to
report to the Financial Crimes Enforcement Network certain
cross-border electronic transmittals of funds, if the Secretary
determines that reporting of such transmittals is reasonably
necessary to conduct the efforts of the Secretary against money
laundering and terrorist financing.
``(2) Limitation on reporting requirements.--Information
required to be reported by the regulations prescribed under
paragraph (1) shall not exceed the information required to be
retained by the reporting financial institution pursuant to
section 21 of the Federal Deposit Insurance Act and the
regulations promulgated thereunder, unless--
``(A) the Board of Governors of the Federal Reserve
System and the Secretary jointly determine that a
particular item or items of information are not
currently required to be retained under such section or
such regulations; and
``(B) the Secretary determines, after consultation
with the Board of Governors of the Federal Reserve
System, that the reporting of such information is
reasonably necessary to conduct the efforts of the
Secretary to identify cross-border money laundering and
terrorist financing.
``(3) Form and manner of reports.--In prescribing the
regulations required under paragraph (1), the Secretary shall,
subject to paragraph (2), determine the appropriate form,
manner, content, and frequency of filing of the required
reports.
``(4) Feasibility report.--
``(A) In general.--Before prescribing the
regulations required under paragraph (1), and as soon as
is practicable after the date of enactment of the
National Intelligence Reform Act of 2004, the Secretary
shall submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives that--
``(i) identifies the information in cross-
border electronic transmittals of funds that may
be found in particular cases to be reasonably
necessary to conduct the efforts of the Secretary
to identify money laundering and terrorist
financing, and outlines the criteria to be used by
the Secretary to select the situations in which
reporting under this subsection may be required;
``(ii) outlines the appropriate form, manner,
content, and frequency of filing of the reports
that may be required under such regulations;
``(iii) identifies the technology necessary
for the Financial Crimes Enforcement Network to
receive, keep, exploit, protect the security of,
and disseminate information from reports of cross-
border electronic transmittals of funds to law
enforcement and other entities engaged in efforts
against money laundering and terrorist financing;
and
``(iv) discusses the information security
protections required by the exercise of the
Secretary's authority under this subsection.
``(B) Consultation.--In reporting the feasibility
report under subparagraph (A), the Secretary may consult
with
[[Page 3750]]
118 STAT. 3750
the Bank Secrecy Act Advisory Group established by the
Secretary, and any other group considered by the
Secretary to be relevant.
``(5) Regulations.--
``(A) NOTE: Deadline. In general.--Subject to
subparagraph (B), the regulations required by paragraph
(1) shall be prescribed in final form by the Secretary,
in consultation with the Board of Governors of the
Federal Reserve System, before the end of the 3-year
period beginning on the date of enactment of the
National Intelligence Reform Act of 2004.
``(B) NOTE: Certification. Technological
feasibility.--No regulations shall be prescribed under
this subsection before the Secretary certifies to the
Congress that the Financial Crimes Enforcement Network
has the technological systems in place to effectively
and efficiently receive, keep, exploit, protect the
security of, and disseminate information from reports of
cross-border electronic transmittals of funds to law
enforcement and other entities engaged in efforts
against money laundering and terrorist financing.''.
SEC. 6303. TERRORISM FINANCING.
(a) Report on Terrorist Financing.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the President, acting through the
Secretary of the Treasury, shall submit to Congress a report
evaluating the current state of United States efforts to curtail
the international financing of terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness and efficiency of current
United States governmental efforts and methods to
detect, track, disrupt, and stop terrorist financing;
(B) the relationship between terrorist financing and
money laundering, including how the laundering of
proceeds related to illegal narcotics or foreign
political corruption may contribute to terrorism or
terrorist financing;
(C) the nature, effectiveness, and efficiency of
current efforts to coordinate intelligence and agency
operations within the United States Government to
detect, track, disrupt, and stop terrorist financing,
including identifying who, if anyone, has primary
responsibility for developing priorities, assigning
tasks to agencies, and monitoring the implementation of
policy and operations;
(D) the effectiveness and efficiency of efforts to
protect the critical infrastructure of the United States
financial system, and ways to improve the effectiveness
of financial institutions;
(E) ways to improve multilateral and international
governmental cooperation on terrorist financing,
including the adequacy of agency coordination within the
United States related to participating in international
cooperative efforts and implementing international
treaties and compacts; and
[[Page 3751]]
118 STAT. 3751
(F) ways to improve the setting of priorities and
coordination of United States efforts to detect, track,
disrupt, and stop terrorist financing, including
recommendations for changes in executive branch
organization or procedures, legislative reforms,
additional resources, or use of appropriated funds.
(b) Postemployment Restriction for Certain Bank and Thrift
Examiners.--Section 10 of the Federal Deposit Insurance Act (12 U.S.C.
1820) is amended by adding at the end the following:
``(k) One-Year Restrictions on Federal Examiners of Financial
Institutions.--
``(1) NOTE: Applicability. In general.--In addition to
other applicable restrictions set forth in title 18, United
States Code, the penalties set forth in paragraph (6) of this
subsection shall apply to any person who--
``(A) was an officer or employee (including any
special Government employee) of a Federal banking agency
or a Federal reserve bank;
``(B) served 2 or more months during the final 12
months of his or her employment with such agency or
entity as the senior examiner (or a functionally
equivalent position) of a depository institution or
depository institution holding company with continuing,
broad responsibility for the examination (or inspection)
of that depository institution or depository institution
holding company on behalf of the relevant agency or
Federal reserve bank; and
``(C) within 1 year after the termination date of
his or her service or employment with such agency or
entity, knowingly accepts compensation as an employee,
officer, director, or consultant from--
``(i) such depository institution, any
depository institution holding company that
controls such depository institution, or any other
company that controls such depository institution;
or
``(ii) such depository institution holding
company or any depository institution that is
controlled by such depository institution holding
company.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `depository institution' includes an
uninsured branch or agency of a foreign bank, if such
branch or agency is located in any State; and
``(B) the term `depository institution holding
company' includes any foreign bank or company described
in section 8(a) of the International Banking Act of
1978.
``(3) Rules of construction.--For purposes of this
subsection, a foreign bank shall be deemed to control any branch
or agency of the foreign bank, and a person shall be deemed to
act as a consultant for a depository institution, depository
institution holding company, or other company, only if such
person directly works on matters for, or on behalf of, such
depository institution, depository institution holding company,
or other company.
``(4) Regulations.--
``(A) In general.--Each Federal banking agency shall
prescribe rules or regulations to administer and carry
out this subsection, including rules, regulations, or
guidelines
[[Page 3752]]
118 STAT. 3752
to define the scope of persons referred to in paragraph
(1)(B).
``(B) Consultation required.--The Federal banking
agencies shall consult with each other for the purpose
of assuring that the rules and regulations issued by the
agencies under subparagraph (A) are, to the extent
possible, consistent, comparable, and practicable,
taking into account any differences in the supervisory
programs utilized by the agencies for the supervision of
depository institutions and depository institution
holding companies.
``(5) Waiver.--
``(A) Agency authority.--A Federal banking agency
may grant a waiver, on a case by case basis, of the
restriction imposed by this subsection to any officer or
employee (including any special Government employee) of
that agency, and the Board of Governors of the Federal
Reserve System may grant a waiver of the restriction
imposed by this subsection to any officer or employee of
a Federal reserve bank, if the head of such agency
certifies in writing that granting the waiver would not
affect the integrity of the supervisory program of the
relevant Federal banking agency.
``(B) Definition.--For purposes of this paragraph,
the head of an agency is--
``(i) the Comptroller of the Currency, in the
case of the Office of the Comptroller of the
Currency;
``(ii) the Chairman of the Board of Governors
of the Federal Reserve System, in the case of the
Board of Governors of the Federal Reserve System;
``(iii) the Chairperson of the Board of
Directors, in the case of the Corporation; and
``(iv) the Director of the Office of Thrift
Supervision, in the case of the Office of Thrift
Supervision.
``(6) Penalties.--
``(A) In general.--In addition to any other
administrative, civil, or criminal remedy or penalty
that may otherwise apply, whenever a Federal banking
agency determines that a person subject to paragraph (1)
has become associated, in the manner described in
paragraph (1)(C), with a depository institution,
depository institution holding company, or other company
for which such agency serves as the appropriate Federal
banking agency, the agency shall impose upon such person
one or more of the following penalties:
``(i) NOTE: Notice. Industry-wide
prohibition order.--The Federal banking agency
shall serve a written notice or order in
accordance with and subject to the provisions of
section 8(e)(4) for written notices or orders
under paragraph (1) or (2) of section 8(e), upon
such person of the intention of the agency--
``(I) to remove such person from
office or to prohibit such person from
further participation in the conduct of
the affairs of the depository
institution, depository institution
holding company, or other company for a
period of up to 5 years; and
``(II) to prohibit any further
participation by such person, in any
manner, in the conduct of
[[Page 3753]]
118 STAT. 3753
the affairs of any insured depository
institution for a period of up to 5
years.
``(ii) Civil monetary penalty.--The Federal
banking agency may, in an administrative
proceeding or civil action in an appropriate
United States district court, impose on such
person a civil monetary penalty of not more than
$250,000. Any administrative proceeding under this
clause shall be conducted in accordance with
section 8(i). In lieu of an action by the Federal
banking agency under this clause, the Attorney
General of the United States may bring a civil
action under this clause in the appropriate United
States district court.
``(B) Scope of prohibition order.--Any person
subject to an order issued under subparagraph (A)(i)
shall be subject to paragraphs (6) and (7) of section
8(e) in the same manner and to the same extent as a
person subject to an order issued under such section.
``(C) Definitions.--Solely for purposes of this
paragraph, the `appropriate Federal banking agency' for
a company that is not a depository institution or
depository institution holding company shall be the
Federal banking agency on whose behalf the person
described in paragraph (1) performed the functions
described in paragraph (1)(B).''.
(c) Postemployment Restriction for Certain Credit Union Examiners.--
Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended
by adding at the end the following:
``(w) One-Year Restrictions on Federal Examiners of Insured Credit
Unions.--
``(1) NOTE: Applicability. In general.--In addition to
other applicable restrictions set forth in title 18, United
States Code, the penalties set forth in paragraph (5) of this
subsection shall apply to any person who--
``(A) was an officer or employee (including any
special Government employee) of the Administration;
``(B) served 2 or more months during the final 12
months of his or her employment with the Administration
as the senior examiner (or a functionally equivalent
position) of an insured credit union with continuing,
broad responsibility for the examination (or inspection)
of that insured credit union on behalf of the
Administration; and
``(C) within 1 year after the termination date of
his or her service or employment with the
Administration, knowingly accepts compensation as an
employee, officer, director, or consultant from such
insured credit union.
``(2) Rule of construction.--For purposes of this
subsection, a person shall be deemed to act as a consultant for
an insured credit union only if such person directly works on
matters for, or on behalf of, such insured credit union.
``(3) Regulations.--
``(A) In general.--The Board shall prescribe rules
or regulations to administer and carry out this
subsection, including rules, regulations, or guidelines
to define the scope of persons referred to in paragraph
(1)(B).
``(B) Consultation.--In prescribing rules or
regulations under this paragraph, the Board shall, to
the extent
[[Page 3754]]
118 STAT. 3754
it deems necessary, consult with the Federal banking
agencies (as defined in section 3 of the Federal Deposit
Insurance Act) on regulations issued by such agencies in
carrying out section 10(k) of the Federal Deposit
Insurance Act.
``(4) Waiver.--The Board may grant a waiver, on a case by
case basis, of the restriction imposed by this subsection to any
officer or employee (including any special Government employee)
of the Administration if the Chairman certifies in writing that
granting the waiver would not affect the integrity of the
supervisory program of the Administration.
``(5) Penalties.--
``(A) In general.--In addition to any other
administrative, civil, or criminal remedy or penalty
that may otherwise apply, whenever the Board determines
that a person subject to paragraph (1) has become
associated, in the manner described in paragraph (1)(C),
with an insured credit union, the Board shall impose
upon such person one or more of the following penalties:
``(i) NOTE: Notice. Industry-wide
prohibition order.--The Board shall serve a
written notice or order in accordance with and
subject to the provisions of subsection (g)(4) for
written notices or orders under paragraph (1) or
(2) of subsection (g), upon such person of the
intention of the Board--
``(I) to remove such person from
office or to prohibit such person from
further participation in the conduct of
the affairs of the insured credit union
for a period of up to 5 years; and
``(II) to prohibit any further
participation by such person, in any
manner, in the conduct of the affairs of
any insured credit union for a period of
up to 5 years.
``(ii) Civil monetary penalty.--The Board may,
in an administrative proceeding or civil action in
an appropriate United States district court,
impose on such person a civil monetary penalty of
not more than $250,000. Any administrative
proceeding under this clause shall be conducted in
accordance with subsection (k). In lieu of an
action by the Board under this clause, the
Attorney General of the United States may bring a
civil action under this clause in the appropriate
United States district court.
``(B) Scope of prohibition order.--Any person
subject to an order issued under this subparagraph
(A)(i) shall be subject to paragraphs (5) and (7) of
subsection (g) in the same manner and to the same extent
as a person subject to an order issued under subsection
(g).''.
(d) NOTE: 12 USC 1786 note. Effective Date.--Notwithstanding any
other effective date established pursuant to this Act, subsection (a)
shall become effective on the date of enactment of this Act, and the
amendments made by subsections (b) and (c) shall become effective at the
end of the 12-month period beginning on the date of enactment of this
Act, whether or not final regulations are issued in accordance with the
amendments made by this section as of that date of enactment.
[[Page 3755]]
118 STAT. 3755
Subtitle E--Criminal History Background Checks
SEC. 6401. PROTECT ACT.
Public Law 108-21 is amended--
(1) in section 108(a)(2)(A) NOTE: 42 USC 5119a note. by
striking ``an 18 month'' and inserting ``a 30-month''; and
(2) in section 108(a)(3)(A) by striking ``an 18-month'' and
inserting ``a 30-month''.
SEC. 6402. REVIEWS NOTE: Private Security Officer Employment
Authorization Act of 2004. 28 USC 534
note. OF CRIMINAL RECORDS OF
APPLICANTS FOR PRIVATE SECURITY OFFICER
EMPLOYMENT.
(a) Short Title.--This section may be cited as the ``Private
Security Officer Employment Authorization Act of 2004''.
(b) Findings.--Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to, but
not a replacement for, public law enforcement by helping to
reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection to
such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear power
plants, chemical companies, oil and gas refineries, airports,
communication facilities and operations, office complexes,
schools, residential properties, apartment complexes, gated
communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for
the protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an adjunct
to sworn law enforcement officers; and
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained.
(c) Definitions.--In this section:
(1) Employee.--The term ``employee'' includes both a current
employee and an applicant for employment as a private security
officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
[[Page 3756]]
118 STAT. 3756
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.--The term ``private security
officer''--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty
is to perform security services, full or part time, for
consideration, whether armed or unarmed and in uniform
or plain clothes (except for services excluded from
coverage under this Act if the Attorney General
determines by regulation that such exclusion would serve
the public interest); but
(B) does not include--
(i) employees whose duties are primarily
internal audit or credit functions;
(ii) employees of electronic security system
companies acting as technicians or monitors; or
(iii) employees whose duties primarily involve
the secure movement of prisoners.
(4) Security services.--The term ``security services'' means
acts to protect people or property as defined by regulations
promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by the
Attorney General for the submission and receipt of criminal
history record information.
(d) Criminal History Record Information Search.--
(1) In general.--
(A) Submission of fingerprints.--An authorized
employer may submit to the State identification bureau
of a participating State, fingerprints or other means of
positive identification, as determined by the Attorney
General, of an employee of such employer for purposes of
a criminal history record information search pursuant to
this Act.
(B) Employee rights.--
(i) Permission.--An authorized employer shall
obtain written consent from an employee to submit
to the State identification bureau of the
participating State the request to search the
criminal history record information of the
employee under this Act.
(ii) Access.--An authorized employer shall
provide to the employee confidential access to any
information relating to the employee received by
the authorized employer pursuant to this Act.
(C) Providing information to the state
identification bureau.--Upon receipt of a request for a
criminal history record information search from an
authorized employer pursuant to this Act, submitted
through the State identification bureau of a
participating State, the Attorney General shall--
(i) search the appropriate records of the
Criminal Justice Information Services Division of
the Federal Bureau of Investigation; and
[[Page 3757]]
118 STAT. 3757
(ii) promptly provide any resulting
identification and criminal history record
information to the submitting State identification
bureau requesting the information.
(D) Use of information.--
(i) In general.--Upon receipt of the criminal
history record information from the Attorney
General by the State identification bureau, the
information shall be used only as provided in
clause (ii).
(ii) Terms.--In the case of--
(I) NOTE: Notification. a
participating State that has no State
standards for qualification to be a
private security officer, the State
shall notify an authorized employer as
to the fact of whether an employee has
been--
(aa) convicted of a felony,
an offense involving dishonesty
or a false statement if the
conviction occurred during the
previous 10 years, or an offense
involving the use or attempted
use of physical force against
the person of another if the
conviction occurred during the
previous 10 years; or
(bb) charged with a criminal
felony for which there has been
no resolution during the
preceding 365 days; or
(II) a participating State that has
State standards for qualification to be
a private security officer, the State
shall use the information received
pursuant to this Act in applying the
State standards and shall only notify
the employer of the results of the
application of the State standards.
(E) Frequency of requests.--An authorized employer
may request a criminal history record information search
for an employee only once every 12 months of continuous
employment by that employee unless the authorized
employer has good cause to submit additional requests.
(2) NOTE: Deadline. Regulations.--Not later than 180
days after the date of enactment of this Act, the Attorney
General shall issue such final or interim final regulations as
may be necessary to carry out this Act, including--
(A) measures relating to the security,
confidentiality, accuracy, use, submission,
dissemination, destruction of information and audits,
and record keeping;
(B) standards for qualification as an authorized
employer; and
(C) the imposition of reasonable fees necessary for
conducting the background checks.
(3) Criminal penalties for use of information.--Whoever
knowingly and intentionally uses any information obtained
pursuant to this Act other than for the purpose of determining
the suitability of an individual for employment as a private
security officer shall be fined under title 18, United States
Code, or imprisoned for not more than 2 years, or both.
(4) User fees.--
(A) In general.--The Director of the Federal Bureau
of Investigation may--
[[Page 3758]]
118 STAT. 3758
(i) collect fees to process background checks
provided for by this Act; and
(ii) establish such fees at a level to include
an additional amount to defray expenses for the
automation of fingerprint identification and
criminal justice information services and
associated costs.
(B) Limitations.--Any fee collected under this
subsection--
(i) shall, consistent with Public Law 101-515
and Public Law 104-99, be credited to the
appropriation to be used for salaries and other
expenses incurred through providing the services
described in such Public Laws and in subparagraph
(A);
(ii) shall be available for expenditure only
to pay the costs of such activities and services;
and
(iii) shall remain available until expended.
(C) State costs.--Nothing in this Act shall be
construed as restricting the right of a State to assess
a reasonable fee on an authorized employer for the costs
to the State of administering this Act.
(5) State opt out.--A State may decline to participate in
the background check system authorized by this Act by enacting a
law or issuing an order by the Governor (if consistent with
State law) providing that the State is declining to participate
pursuant to this subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) NOTE: Deadline. Reports. In General.--Not later than 180
days after the date of enactment of this Act, the Attorney General shall
report to the Judiciary Committee of the Senate and the Judiciary
Committee of the House of Representatives regarding all statutory
requirements for criminal history record checks that are required to be
conducted by the Department of Justice or any of its components.
(b) Definitions.--As used in this section--
(1) the terms ``criminal history information'' and
``criminal history records'' include--
(A) an identifying description of the individual to
whom the information or records pertain;
(B) notations of arrests, detentions, indictments,
or other formal criminal charges pertaining to such
individual; and
(C) any disposition to a notation described in
subparagraph (B), including acquittal, sentencing,
correctional supervision, or release; and
(2) the term ``IAFIS'' means the Integrated Automated
Fingerprint Identification System of the Federal Bureau of
Allocation, which serves as the national depository for
fingerprint, biometric, and criminal history information,
through which fingerprints are processed electronically.
(c) Identification of Information.--The Attorney General shall
identify--
(1) the number of criminal history record checks requested,
including the type of information requested;
(2) the usage of different terms and definitions regarding
criminal history information; and
(3) the variation in fees charged for such information and
who pays such fees.
[[Page 3759]]
118 STAT. 3759
(d) NOTE: Procedures. Recommendations.--The Attorney General
shall make recommendations to Congress for improving, standardizing, and
consolidating the existing statutory authorization, programs, and
procedures for the conduct of criminal history record checks for non-
criminal justice purposes. In making these recommendations to Congress,
the Attorney General shall consider--
(1) the effectiveness and efficiency of utilizing
commercially available databases as a supplement to IAFIS
criminal history information checks;
(2) any security concerns created by the existence of these
commercially available databases concerning their ability to
provide sensitive information that is not readily available
about law enforcement or intelligence officials, including their
identity, residence, and financial status;
(3) the effectiveness of utilizing State databases;
(4) any feasibility studies by the Department of Justice of
the resources and structure of the Federal Bureau of
Investigation to establish a system to provide criminal history
information;
(5) privacy rights and other employee protections,
including--
(A) employee consent;
(B) access to the records used if employment was
denied;
(C) the disposition of the fingerprint submissions
after the records are searched;
(D) an appeal mechanism; and
(E) penalties for misuse of the information;
(6) the scope and means of processing background checks for
private employers utilizing data maintained by the Federal
Bureau of Investigation that the Attorney General should be
allowed to authorize in cases where the authority for such
checks is not available at the State level;
(7) any restrictions that should be placed on the ability of
an employer to charge an employee or prospective employee for
the cost associated with the background check;
(8) which requirements should apply to the handling of
incomplete records;
(9) the circumstances under which the criminal history
information should be disseminated to the employer;
(10) the type of restrictions that should be prescribed for
the handling of criminal history information by an employer;
(11) the range of Federal and State fees that might apply to
such background check requests;
(12) any requirements that should be imposed concerning the
time for responding to such background check requests;
(13) any infrastructure that may need to be developed to
support the processing of such checks, including--
(A) the means by which information is collected and
submitted in support of the checks; and
(B) the system capacity needed to process such
checks at the Federal and State level;
(14) the role that States should play; and
(15) any other factors that the Attorney General determines
to be relevant to the subject of the report.
(e) Consultation.--In developing the report under this section, the
Attorney General shall consult with representatives of State
[[Page 3760]]
118 STAT. 3760
criminal history record repositories, the National Crime Prevention and
Privacy Compact Council, appropriate representatives of private
industry, and representatives of labor, as determined appropriate by the
Attorney General.
Subtitle F--Grand Jury Information Sharing
SEC. 6501. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal
Procedure NOTE: 18 USC app. is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking ``or state
subdivision or of an Indian tribe'' and inserting ``,
state subdivision, Indian tribe, or foreign
government'';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the
following: ``An attorney for the government may
also disclose any grand jury matter involving,
within the United States or elsewhere, a threat of
attack or other grave hostile acts of a foreign
power or its agent, a threat of domestic or
international sabotage or terrorism, or
clandestine intelligence gathering activities by
an intelligence service or network of a foreign
power or by its agent, to any appropriate Federal,
State, State subdivision, Indian tribal, or
foreign government official, for the purpose of
preventing or responding to such threat or
activities.''; and
(ii) in clause (i)--
(I) by striking ``federal''; and
(II) by adding at the end the
following: ``Any State, State
subdivision, Indian tribal, or foreign
government official who receives
information under Rule 6(e)(3)(D) may
use the information only consistent with
such guidelines as the Attorney General
and the Director of National
Intelligence shall jointly issue.''; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively;
(ii) by inserting after clause (ii) the
following:
``(iii) at the request of the government, when
sought by a foreign court or prosecutor for use in
an official criminal investigation;''; and
(iii) in clause (iv), as redesignated--
(I) by striking ``state or Indian
tribal'' and inserting ``State, Indian
tribal, or foreign''; and
(II) by striking ``or Indian tribal
official'' and inserting ``Indian
tribal, or foreign government
official''; and
(2) in paragraph (7), by inserting ``, or of guidelines
jointly issued by the Attorney General and the Director of
National Intelligence pursuant to Rule 6,'' after ``Rule 6''.
(b) Conforming Amendment.--Section 203(c) of Public Law 107-56 (18
U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) and
(VI)'' and inserting ``Rule 6(e)(3)(D)''.
[[Page 3761]]
118 STAT. 3761
Subtitle G--Providing NOTE: Material Support to Terrorism Prohibition
Enhancement Act of 2004. 18 USC 2331 note. Material Support to
Terrorism
SEC. 6601. SHORT TITLE.
This subtitle may be cited as the ``Material Support to Terrorism
Prohibition Enhancement Act of 2004''.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN
TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2339C the following new section:
``Sec. 2339D. Receiving military-type training from a foreign terrorist
organization
``(a) Offense.--Whoever knowingly receives military-type training
from or on behalf of any organization designated at the time of the
training by the Secretary of State under section 219(a)(1) of the
Immigration and Nationality Act as a foreign terrorist organization
shall be fined under this title or imprisoned for ten years, or both. To
violate this subsection, a person must have knowledge that the
organization is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or engages in
terrorist activity (as defined in section 212 of the Immigration and
Nationality Act), or that the organization has engaged or engages in
terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section. There is
jurisdiction over an offense under subsection (a) if--
``(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act) or
an alien lawfully admitted for permanent residence in the United
States (as defined in section 101(a)(20) of the Immigration and
Nationality Act);
``(2) an offender is a stateless person whose habitual
residence is in the United States;
``(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if
the conduct required for the offense occurs outside the United
States;
``(4) the offense occurs in whole or in part within the
United States;
``(5) the offense occurs in or affects interstate or foreign
commerce; or
``(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a) or conspires with any person over
whom jurisdiction exists under this paragraph to commit an
offense under subsection (a).
``(c) Definitions.--As used in this section--
``(1) the term `military-type training' includes training in
means or methods that can cause death or serious bodily injury,
destroy or damage property, or disrupt services to critical
infrastructure, or training on the use, storage, production, or
assembly of any explosive, firearm or other weapon, including
[[Page 3762]]
118 STAT. 3762
any weapon of mass destruction (as defined in section
2232a(c)(2));
``(2) the term `serious bodily injury' has the meaning given
that term in section 1365(h)(3);
``(3) the term `critical infrastructure' means systems and
assets vital to national defense, national security, economic
security, public health or safety including both regional and
national infrastructure. Critical infrastructure may be publicly
or privately owned; examples of critical infrastructure include
gas and oil production, storage, or delivery systems, water
supply systems, telecommunications networks, electrical power
generation or delivery systems, financing and banking systems,
emergency services (including medical, police, fire, and rescue
services), and transportation systems and services (including
highways, mass transit, airlines, and airports); and
``(4) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under
section 219(a)(1) of the Immigration and Nationality Act.''.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO
TERRORISM.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended--
(1) in section 2332b(g)(5)(B)(i)--
(A) by inserting ``1361 (relating to government
property or contracts),'' before ``1362''; and
(B) by inserting ``2156 (relating to national
defense material, premises, or utilities),'' before
``2280''; and
(2) in section 2339A--
(A) by striking ``or'' before ``section 46502''; and
(B) by inserting ``or any offense listed in section
2332b(g)(5)(B) (except for sections 2339A and 2339B)''
after ``section 60123(b) of title 49,''.
(b) Definitions.--Section 2339A(b) of title 18, United States Code,
is amended to read as follows:
``(b) Definitions.--As used in this section--
``(1) the term `material support or resources' means any
property, tangible or intangible, or service, including currency
or monetary instruments or financial securities, financial
services, lodging, training, expert advice or assistance,
safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel (1 or more individuals who may
be or include oneself), and transportation, except medicine or
religious materials;
``(2) the term `training' means instruction or teaching
designed to impart a specific skill, as opposed to general
knowledge; and
``(3) the term `expert advice or assistance' means advice or
assistance derived from scientific, technical or other
specialized knowledge.''.
(c) Addition to Offense of Providing Material Support to Terrorist
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is
amended--
(1) by striking ``, within the United States or subject to
the jurisdiction of the United States,''; and
(2) by adding at the end the following: ``To violate this
paragraph, a person must have knowledge that the organization
[[Page 3763]]
118 STAT. 3763
is a designated terrorist organization (as defined in subsection
(g)(6)), that the organization has engaged or engages in
terrorist activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act), or that the organization has
engaged or engages in terrorism (as defined in section 140(d)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989).''.
(d) Federal Authority.--Section 2339B(d) of title 18 is amended by
striking ``There'' and inserting the following:
``(1) In general.--There is jurisdiction over an offense
under subsection (a) if--
``(A) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for
permanent residence in the United States (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)));
``(B) an offender is a stateless person whose habitual
residence is in the United States;
``(C) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if
the conduct required for the offense occurs outside the United
States;
``(D) the offense occurs in whole or in part within the
United States;
``(E) the offense occurs in or affects interstate or foreign
commerce; or
``(F) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a) or conspires with any person over
whom jurisdiction exists under this paragraph to commit an
offense under subsection (a).''.
``(2) Extraterritorial jurisdiction.--There''.
(e) Definition.--Section 2339B(g)(4) of title 18, United States
Code, is amended to read as follows:
``(4) the term `material support or resources' has the same
meaning given that term in section 2339A (including the
definitions of `training' and `expert advice or assistance' in
that section);''.
(f) Additional Provisions.--Section 2339B of title 18, United States
Code, is amended by adding at the end the following:
``(h) Provision of Personnel.--No person may be prosecuted under
this section in connection with the term `personnel' unless that person
has knowingly provided, attempted to provide, or conspired to provide a
foreign terrorist organization with 1 or more individuals (who may be or
include himself) to work under that terrorist organization's direction
or control or to organize, manage, supervise, or otherwise direct the
operation of that organization. Individuals who act entirely
independently of the foreign terrorist organization to advance its goals
or objectives shall not be considered to be working under the foreign
terrorist organization's direction and control.
``(i) Rule of Construction.--Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.
[[Page 3764]]
118 STAT. 3764
``(j) Exception.--No person may be prosecuted under this section in
connection with the term `personnel', `training', or `expert advice or
assistance' if the provision of that material support or resources to a
foreign terrorist organization was approved by the Secretary of State
with the concurrence of the Attorney General. The Secretary of State may
not approve the provision of any material support that may be used to
carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of
the Immigration and Nationality Act).''.
(g) NOTE: 18 USC 2332b note. Sunset Provision.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall cease to
be effective on December 31, 2006.
(2) Exception.--This section and the amendments made by this
section shall continue in effect with respect to any particular
offense that--
(A) is prohibited by this section or amendments made
by this section; and
(B) began or occurred before December 31, 2006.
SEC. 6604. FINANCING OF TERRORISM.
(a) Financing Terrorism.--Section 2339c(c)(2) of title 18, United
States Code, NOTE: 18 USC 2339C. is amended--
(1) by striking ``, resources, or funds'' and inserting ``or
resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), by striking ``were provided'' and
inserting ``are to be provided, or knowing that the support or
resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds'';
and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing
that the funds were provided or collected,''.
(b) Definitions.--Section 2339c(e) of title 18, United States
Code, NOTE: 18 USC 2339C. is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the term `material support or resources' has the same
meaning given that term in section 2339B(g)(4) of this title;
and''.
Subtitle H--Stop NOTE: Stop Terrorist and Military Hoaxes Act of
2004. Terrorist and Military Hoaxes Act of 2004
SEC. 6701. NOTE: 18 USC 1 note. SHORT TITLE.
This subtitle may be cited as the ``Stop Terrorist and Military
Hoaxes Act of 2004''.
SEC. 6702. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1037 the following:
[[Page 3765]]
118 STAT. 3765
``Sec. 1038. False information and hoaxes
``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct with
intent to convey false or misleading information under
circumstances where such information may reasonably be believed
and where such information indicates that an activity has taken,
is taking, or will take place that would constitute a violation
of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title,
section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),
or section 46502, the second sentence of section 46504, section
46505(b)(3) or (c), section 46506 if homicide or attempted
homicide is involved, or section 60123(b) of title 49, shall--
``(A) be fined under this title or imprisoned not
more than 5 years, or both;
``(B) if serious bodily injury results, be fined
under this title or imprisoned not more than 20 years,
or both; and
``(C) if death results, be fined under this title or
imprisoned for any number of years up to life, or both.
``(2) Armed forces.--Any person who makes a false statement,
with intent to convey false or misleading information, about the
death, injury, capture, or disappearance of a member of the
Armed Forces of the United States during a war or armed conflict
in which the United States is engaged--
``(A) shall be fined under this title, imprisoned
not more than 5 years, or both;
``(B) if serious bodily injury results, shall be
fined under this title, imprisoned not more than 20
years, or both; and
``(C) if death results, shall be fined under this
title, imprisoned for any number of years or for life,
or both.
``(b) Civil Action.--Whoever engages in any conduct with intent to
convey false or misleading information under circumstances where such
information may reasonably be believed and where such information
indicates that an activity has taken, is taking, or will take place that
would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or
113B of this title, section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), or section 46502, the second sentence of section 46504,
section 46505 (b)(3) or (c), section 46506 if homicide or attempted
homicide is involved, or section 60123(b) of title 49 is liable in a
civil action to any party incurring expenses incident to any emergency
or investigative response to that conduct, for those expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant who has been convicted of an offense under subsection
(a), shall order the defendant to reimburse any state or local
government, or private not-for-profit organization that provides
fire or rescue service incurring expenses incident to any
emergency or investigative response to that conduct, for those
expenses.
``(2) Liability.--A person ordered to make reimbursement
under this subsection shall be jointly and severally liable for
such expenses with each other person, if any, who is ordered to
make reimbursement under this subsection for the same expenses.
[[Page 3766]]
118 STAT. 3766
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated as
a civil judgment.
``(d) Activities of Law Enforcement.--This section does not prohibit
any lawfully authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a State, or
political subdivision of a State, or of an intelligence agency of the
United States.''.
(b) Clerical Amendment.--The table of sections as the beginning of
chapter 47 of title 18, United States Code, is amended by adding after
the item for section 1037 the following:
``1038. False information and hoaxes.''.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN
TERRORISM CASES.
(a) Enhanced Penalty.--Section 1001(a) and the third undesignated
paragraph of section 1505 of title 18, United States Code, are amended
by striking ``be fined under this title or imprisoned not more than 5
years, or both'' and inserting ``be fined under this title, imprisoned
not more than 5 years or, if the offense involves international or
domestic terrorism (as defined in section 2331), imprisoned not more
than 8 years, or both''.
(b) NOTE: Deadline. 28 USC 994 note. Sentencing Guidelines.--Not
later than 30 days of the enactment of this section, the United States
Sentencing Commission shall amend the Sentencing Guidelines to provide
for an increased offense level for an offense under sections 1001(a) and
1505 of title 18, United States Code, if the offense involves
international or domestic terrorism, as defined in section 2331 of such
title.
SEC. 6704. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``facility in'' and
inserting ``facility of''; and
(2) in subsection (b)(2), by inserting ``or foreign'' after
``interstate''.
Subtitle I--Weapons NOTE: Weapons of Mass Destruction Prohibition
Improvement Act of 2004. 18 USC 1 note. of Mass Destruction
Prohibition Improvement Act of 2004
SEC. 6801. SHORT TITLE.
This subtitle may be cited as the ``Weapons of Mass Destruction
Prohibition Improvement Act of 2004''.
SEC. 6802. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of
title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads as
follows:
``(2) against any person or property within the United
States, and
``(A) the mail or any facility of interstate or
foreign commerce is used in furtherance of the offense;
``(B) such property is used in interstate or foreign
commerce or in an activity that affects interstate or
foreign commerce;
[[Page 3767]]
118 STAT. 3767
``(C) any perpetrator travels in or causes another
to travel in interstate or foreign commerce in
furtherance of the offense; or
``(D) the offense, or the results of the offense,
affect interstate or foreign commerce, or, in the case
of a threat, attempt, or conspiracy, would have affected
interstate or foreign commerce;'';
(2) in paragraph (3) of subsection (a), by striking the
comma at the end and inserting ``; or'';
(3) in subsection (a), by adding the following at the end:
``(4) against any property within the United States that is
owned, leased, or used by a foreign government,'';
(4) at the end of subsection (c)(1), by striking ``and'';
(5) in subsection (c)(2), by striking the period at the end
and inserting ``; and''; and
(6) in subsection (c), by adding at the end the following:
``(3) the term `property' includes all real and personal
property.''.
(b) Restoration of the Coverage of Chemical Weapons.--Section 2332a
of title 18, United States Code, as amended by subsection (a), is
further amended--
(1) in the section heading, by striking ``certain'';
(2) in subsection (a), by striking ``(other than a chemical
weapon as that term is defined in section 229F)''; and
(3) in subsection (b), by striking ``(other than a chemical
weapon (as that term is defined in section 229F))''.
(c) Expansion of Categories of Restricted Persons Subject to
Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title 18,
United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting ``(i)'' after ``(G)'';
(B) inserting ``, or (ii) acts for or on behalf of,
or operates subject to the direction or control of, a
government or official of a country described in this
subparagraph'' after ``terrorism''; and
(C) striking ``or'' after the semicolon.
(2) in subparagraph (H) by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(I) is a member of, acts for or on behalf of, or
operates subject to the direction or control of, a
terrorist organization as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi)).''.
(d) Conforming Amendment to Regulations.--
(1) Section 175b(a)(1) of title 18, United States Code, is
amended by striking ``as a select agent in Appendix A'' and all
that follows and inserting the following: ``as a non-overlap or
overlap select biological agent or toxin in sections 73.4 and
73.5 of title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act, and is not
excluded under sections 73.4 and 73.5 or exempted under section
73.6 of title 42, Code of Federal Regulations.''.
(2) NOTE: Effective date. 18 USC 175b note. The
amendment made by paragraph (1) shall take effect at the same
time that sections 73.4, 73.5, and 73.6 of title 42, Code of
Federal Regulations, become effective.
(e) Enhancing Prosecution of Weapons of Mass Destruction Offenses.--
Section 1961(1)(B) of title 18, United States Code,
[[Page 3768]]
118 STAT. 3768
is amended by adding at the end the following: ``sections 175-178
(relating to biological weapons), sections 229-229F (relating to
chemical weapons), section 831 (relating to nuclear materials),''.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS
DESTRUCTION THREATS TO THE UNITED
STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)) is amended by striking ``in the production of any special
nuclear material'' and inserting ``or participate in the development or
production of any special nuclear material''.
(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is
amended--
(1) by inserting ``, inside or outside of the United
States,'' after ``for any person''; and
(2) by inserting ``participate in the development of,''
after ``interstate or foreign commerce,''.
(c) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of chapter 39,
by inserting after the item relating to section 831 the
following:
``832. Participation in nuclear and weapons of mass destruction threats
to the United States.'';
(2) by inserting after section 831 the following:
``Sec. 832. Participation in nuclear and weapons of mass destruction
threats to the United States
``(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
knowingly provides material support or resources (as defined in section
2339A) to a nuclear weapons program or other weapons of mass destruction
program of a foreign terrorist power, or attempts or conspires to do so,
shall be imprisoned for not more than 20 years.
``(b) There is extraterritorial Federal jurisdiction over an offense
under this section.
``(c) Whoever without lawful authority develops, possesses, or
attempts or conspires to develop or possess a radiological weapon, or
threatens to use or uses a radiological weapon against any person within
the United States, or a national of the United States while such
national is outside of the United States or against any property that is
owned, leased, funded, or used by the United States, whether that
property is within or outside of the United States, shall be imprisoned
for any term of years or for life.
``(d) As used in this section--
``(1) `nuclear weapons program' means a program or plan for
the development, acquisition, or production of any nuclear
weapon or weapons;
``(2) `weapons of mass destruction program' means a program
or plan for the development, acquisition, or production of any
weapon or weapons of mass destruction (as defined in section
2332a(c));
``(3) `foreign terrorist power' means a terrorist
organization designated under section 219 of the Immigration and
Nationality Act, or a state sponsor of terrorism designated
under section 6(j) of the Export Administration Act of 1979 or
section 620A of the Foreign Assistance Act of 1961; and
``(4) `nuclear weapon' means any weapon that contains or
uses nuclear material as defined in section 831(f)(1).''; and
[[Page 3769]]
118 STAT. 3769
(3) in section 2332b(g)(5)(B)(i), by inserting after
``nuclear materials),'' the following: ``832 (relating to
participation in nuclear and weapons of mass destruction threats
to the United States)''.
Subtitle J--Prevention NOTE: Prevention of Terrorist Access to
Destructive Weapons Act of 2004. 18 USC 1 note. of Terrorist Access to
Destructive Weapons Act of 2004
SEC. 6901. SHORT TITLE.
This subtitle may be cited as the ``Prevention of Terrorist Access
to Destructive Weapons Act of 2004''.
SEC. 6902. NOTE: 18 USC 175c note. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The criminal use of man-portable air defense systems
(referred to in this section as ``MANPADS'') presents a serious
threat to civil aviation worldwide, especially in the hands of
terrorists or foreign states that harbor them.
(2) Atomic weapons or weapons designed to release radiation
(commonly known as ``dirty bombs'') could be used by terrorists
to inflict enormous loss of life and damage to property and the
environment.
(3) Variola virus is the causative agent of smallpox, an
extremely serious, contagious, and sometimes fatal disease.
Variola virus is classified as a Category A agent by the Centers
for Disease Control and Prevention, meaning that it is believed
to pose the greatest potential threat for adverse public health
impact and has a moderate to high potential for large-scale
dissemination. The last case of smallpox in the United States
was in 1949. The last naturally occurring case in the world was
in Somalia in 1977. Although smallpox has been officially
eradicated after a successful worldwide vaccination program,
there remain two official repositories of the variola virus for
research purposes. Because it is so dangerous, the variola virus
may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS, atomic
or radiological weapons, or the variola virus, against the
United States, its allies, or its people, poses a grave risk to
the security, foreign policy, economy, and environment of the
United States. Accordingly, the United States has a compelling
national security interest in preventing unlawful activities
that lead to the proliferation or spread of such items,
including their unauthorized production, construction,
acquisition, transfer, possession, import, or export. All of
these activities markedly increase the chances that such items
will be obtained by terrorist organizations or rogue states,
which could use them to attack the United States, its allies, or
United States nationals or corporations.
(5) There is no legitimate reason for a private individual
or company, absent explicit government authorization, to
produce, construct, otherwise acquire, transfer, receive,
possess, import, export, or use MANPADS, atomic or radiological
weapons, or the variola virus.
(b) Purpose.--The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause widespread harm
to United States persons and the United States economy
[[Page 3770]]
118 STAT. 3770
(and that have no legitimate private use) and to threaten or harm the
national security or foreign relations of the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2332f the following:
``Sec. 2332g. Missile systems designed to destroy aircraft
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (3), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use--
``(A) an explosive or incendiary rocket or missile
that is guided by any system designed to enable the
rocket or missile to--
``(i) seek or proceed toward energy radiated
or reflected from an aircraft or toward an image
locating an aircraft; or
``(ii) otherwise direct or guide the rocket or
missile to an aircraft;
``(B) any device designed or intended to launch or
guide a rocket or missile described in subparagraph (A);
or
``(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a
rocket, missile, or device described in subparagraph (A)
or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply to any
device that is neither designed nor redesigned for use as a
weapon.
``(3) Excluded conduct.--This subsection does not apply with
respect to--
``(A) conduct by or under the authority of the
United States or any department or agency thereof or of
a State or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract
with the United States or any department or agency
thereof or with a State or any department or agency
thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any department
or agency of the United States, whether the property is within
or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
[[Page 3771]]
118 STAT. 3771
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of imprisonment
not less than 25 years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for not less than 30 years or
imprisoned for life.
``(3) Special circumstances.--If the death of another
results from a person's violation of subsection (a), the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.
``(d) Definition.--As used in this section, the term `aircraft' has
the definition set forth in section 40102(a)(6) of title 49, United
States Code.''.
SEC. 6904. ATOMIC WEAPONS.
(a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122) is amended--
(1) by inserting at the beginning ``a.'' before ``It'';
(2) by inserting ``knowingly'' after ``for any person to'';
(3) by striking ``or'' before ``export'';
(4) by striking ``transfer or receive in interstate or
foreign commerce,'' before ``manufacture'';
(5) by inserting ``receive,'' after ``acquire,'';
(6) by inserting ``, or use, or possess and threaten to
use,'' before ``any atomic weapon''; and
(7) by inserting at the end the following:
``b. Conduct prohibited by subsection a. is within the jurisdiction
of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce; the offense occurs outside of the United States and is
committed by a national of the United States;
``(2) the offense is committed against a national of the
United States while the national is outside the United States;
``(3) the offense is committed against any property that is
owned, leased, or used by the United States or by any department
or agency of the United States, whether the property is within
or outside the United States; or
``(4) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.''.
(b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42
U.S.C. 2272) is amended by--
(1) inserting at the beginning ``a.'' before ``Whoever'';
(2) striking ``, 92,''; and
(3) inserting at the end the following:
``b. Any person who violates, or attempts or conspires to violate,
section 92 shall be fined not more than $2,000,000 and sentenced to a
term of imprisonment not less than 25 years or to imprisonment for life.
Any person who, in the course of a violation of section 92, uses,
attempts or conspires to use, or possesses and threatens to use, any
atomic weapon shall be fined not more than $2,000,000
[[Page 3772]]
118 STAT. 3772
and imprisoned for not less than 30 years or imprisoned for life. If the
death of another results from a person's violation of section 92, the
person shall be fined not more than $2,000,000 and punished by
imprisonment for life.''.
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2332g the following:
``Sec. 2332h. Radiological dispersal devices
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use--
``(A) any weapon that is designed or intended to
release radiation or radioactivity at a level dangerous
to human life; or
``(B) any device or other object that is capable of
and designed or intended to endanger human life through
the release of radiation or radioactivity.
``(2) Exception.--This subsection does not apply with
respect to--
``(A) conduct by or under the authority of the
United States or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract
with the United States or any department or agency
thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any department
or agency of the United States, whether the property is within
or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of imprisonment
not less than 25 years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for not less than 30 years or
imprisoned for life.
[[Page 3773]]
118 STAT. 3773
``(3) Special circumstances.--If the death of another
results from a person's violation of subsection (a), the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.''.
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by inserting
after section 175b the following:
``Sec. 175c. Variola virus
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce, engineer,
synthesize, acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to use,
variola virus.
``(2) Exception.--This subsection does not apply to conduct
by, or under the authority of, the Secretary of Health and Human
Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any department
or agency of the United States, whether the property is within
or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of imprisonment
not less than 25 years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for not less than 30 years or
imprisoned for life.
``(3) Special circumstances.--If the death of another
results from a person's violation of subsection (a), the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.
``(d) Definition.--As used in this section, the term `variola virus'
means a virus that can cause human smallpox or any derivative of the
variola major virus that contains more than 85 percent of the gene
sequence of the variola major virus or the variola minor virus.''.
[[Page 3774]]
118 STAT. 3774
SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting ``2122 and'' after
``sections'';
(2) in paragraph (c), by inserting ``section 175c (relating
to variola virus),'' after ``section 175 (relating to biological
weapons),''; and
(3) in paragraph (q), by inserting ``2332g, 2332h,'' after
``2332f,''.
SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18,
UNITED STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended--
(1) in clause (i)--
(A) by inserting before ``2339 (relating to
harboring terrorists)'' the following: ``2332g (relating
to missile systems designed to destroy aircraft), 2332h
(relating to radiological dispersal devices),''; and
(B) by inserting ``175c (relating to variola
virus),'' after ``175 or 175b (relating to biological
weapons),''; and
(2) in clause (ii)--
(A) by striking ``section'' and inserting ``sections
92 (relating to prohibitions governing atomic weapons)
or''; and
(B) by inserting ``2122 or'' before ``2284''.
SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED
STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after ``section 152 (relating to
concealment of assets; false oaths and claims; bribery),'' the
following: ``section 175c (relating to the variola virus),'';
(2) by inserting after ``section 2332(b) (relating to
international terrorist acts transcending national
boundaries),'' the following: ``section 2332g (relating to
missile systems designed to destroy aircraft), section 2332h
(relating to radiological dispersal devices),''; and
(3) striking ``or'' after ``any felony violation of the
Foreign Agents Registration Act of 1938,'' and after ``any
felony violation of the Foreign Corrupt Practices Act'',
striking ``;'' and inserting ``, or section 92 of the Atomic
Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions
governing atomic weapons)''.
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778)
is amended--
(1) by striking ``or'' before ``(xi)''; and
(2) by inserting after clause (xi) the following: ``or (xii)
section 3, 4, 5, and 6 of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004, relating to missile systems
designed to destroy aircraft (18 U.S.C. 2332g), prohibitions
governing atomic weapons (42 U.S.C. 2122), radiological
dispersal devices (18 U.S.C. 2332h), and variola virus (18
U.S.C. 175b);''.
[[Page 3775]]
118 STAT. 3775
SEC. 6911. CLERICAL AMENDMENTS.
(a) Chapter 113B.--The table of sections for chapter 113B of title
18, United States Code, is amended by inserting the following after the
item for section 2332f:
``2332g. Missile systems designed to destroy aircraft.
``2332h. Radiological dispersal devices.''.
(b) Chapter 10.--The table of sections for chapter 10 of title 18,
United States Code, is amended by inserting the following item after the
item for section 175b:
``175c. Variola virus.''.
Subtitle K--Pretrial NOTE: Pretrial Detention of Terrorists Act of
2004. Detention of Terrorists
SEC. 6951. NOTE: 18 USC 3141 note. SHORT TITLE.
This subtitle may be cited as the ``Pretrial Detention of Terrorists
Act of 2004''.
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING
TERRORISM.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (e)--
(A) by inserting ``or'' before ``the Maritime''; and
(B) by inserting ``or an offense listed in section
2332b(g)(5)(B) of title 18, United States Code, for
which a maximum term of imprisonment of 10 years or more
is prescribed'' after ``or 2332b of this title,''; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting ``, or
an offense listed in section 2332b(g)(5)(B) for which a maximum
term of imprisonment of 10 years or more is prescribed'' after
``violence'' each place such term appears.
TITLE VII--IMPLEMENTATION NOTE: 9/11 Commission Implementation Act of
2004. OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001. NOTE: 6 USC 101 note. SHORT TITLE.
This title may be cited as the ``9/11 Commission Implementation Act
of 2004''.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
SEC. 7101. NOTE: 22 USC 2656 note. FINDINGS.
Consistent with the report of the National Commission on Terrorist
Attacks Upon the United States, Congress makes the following findings:
(1) Long-term success in the war on terrorism demands the
use of all elements of national power, including diplomacy,
military action, intelligence, covert action, law enforcement,
economic policy, foreign aid, public diplomacy, and homeland
defense.
[[Page 3776]]
118 STAT. 3776
(2) To win the war on terrorism, the United States must
assign to economic and diplomatic capabilities the same
strategic priority that is assigned to military capabilities.
(3) The legislative and executive branches of the Government
of the United States must commit to robust, long-term
investments in all of the tools necessary for the foreign policy
of the United States to successfully accomplish the goals of the
United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign affairs
programs in general, and to priority areas as described in this
title in particular.
SEC. 7102. TERRORIST SANCTUARIES.
(a) NOTE: 22 USC 2656f note. Findings.--Consistent with the
report of the National Commission on Terrorist Attacks Upon the United
States, Congress makes the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by
Government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11,
2001, and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find sanctuary.
(5) During the 21st century, terrorists are often focusing
on remote regions and failing states as locations to seek
sanctuary.
(b) Sense of Congress on United States Policy on Terrorist
Sanctuaries.--It is the sense of Congress that it should be the policy
of the United States--
(1) to identify foreign countries that are being used as
terrorist sanctuaries;
(2) to assess current United States resources and tools
being used to assist foreign governments to eliminate such
sanctuaries;
(3) to develop and implement a coordinated strategy to
prevent terrorists from using such foreign countries as
sanctuaries; and
(4) to work in bilateral and multilateral fora to elicit the
cooperation needed to identify and address terrorist sanctuaries
that may exist today, but, so far, remain unknown to
governments.
(c) Amendments to Existing Law To Include Terrorist Sanctuaries.--
(1) In general.--Section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) is amended--
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following:
``(5)(A) As used in paragraph (1), the term `repeatedly
provided support for acts of international terrorism' shall
include
[[Page 3777]]
118 STAT. 3777
the recurring use of any part of the territory of the country as
a sanctuary for terrorists or terrorist organizations.
``(B) In this paragraph--
``(i) the term `territory of a country' means the
land, waters, and airspace of the country; and
``(ii) the term `sanctuary' means an area in the
territory of a country--
``(I) that is used by a terrorist or terrorist
organization--
``(aa) to carry out terrorist
activities, including training,
financing, and recruitment; or
``(bb) as a transit point; and
``(II) the government of which expressly
consents to, or with knowledge, allows, tolerates,
or disregards such use of its territory.''.
(2) NOTE: 50 USC app. 2405 note. Rule of construction.--
Nothing in this subsection or the amendments made by this
subsection shall be construed as affecting any determination
made by the Secretary of State pursuant to section 6(j) of the
Export Administration Act of 1979 with respect to a country
prior to the date of enactment of this Act.
(3) NOTE: President. 50 USC app. 2405
note. Implementation.--The President shall implement the
amendments made by paragraph (1) by exercising the authorities
of the President under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(d) Amendments to Global Patterns of Terrorism Report.--
(1) In general.--Section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(a)(1)) is amended--
(A) by striking ``(1)'' and inserting ``(1)(A)'';
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by
adding ``and'' at the end; and
(D) by adding at the end the following:
``(B) detailed assessments with respect to each
foreign country whose territory is being used as a
sanctuary for terrorists or terrorist organizations;''.
(2) Contents.--Section 140(b) of such Act (22 U.S.C.
2656f(b)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``subsection (a)(1)'' and inserting
``subsection (a)(1)(A)''; and
(ii) by striking ``and'' at the end;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) with respect to subsection (a)(1)(B)--
``(A) the extent of knowledge by the government of
the country with respect to terrorist activities in the
territory of the country; and
``(B) the actions by the country--
``(i) to eliminate each terrorist sanctuary in
the territory of the country;
``(ii) to cooperate with United States
antiterrorism efforts; and
[[Page 3778]]
118 STAT. 3778
``(iii) to prevent the proliferation of and
trafficking in weapons of mass destruction in and
through the territory of the country;'';
(D) in paragraph (3), as redesignated, by striking
the period at the end and inserting a semicolon; and
(E) by inserting after paragraph (3) the following:
``(4) a strategy for addressing, and where possible
eliminating, terrorist sanctuaries that shall include--
``(A) a description of terrorist sanctuaries,
together with an assessment of the priorities of
addressing and eliminating such sanctuaries;
``(B) an outline of strategies for disrupting or
eliminating the security provided to terrorists by such
sanctuaries;
``(C) a description of efforts by the United States
to work with other countries in bilateral and
multilateral fora to address or eliminate terrorist
sanctuaries and disrupt or eliminate the security
provided to terrorists by such sanctuaries; and
``(D) a description of long-term goals and actions
designed to reduce the conditions that allow the
formation of terrorist sanctuaries; and
``(5) an update of the information contained in the report
required to be transmitted to Congress under 7120(b) of the 9/11
Commission Implementation Act of 2004.''.
(3) Definitions.--Section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)) is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) the terms `territory' and `territory of the country'
mean the land, waters, and airspace of the country; and
``(5) the terms `terrorist sanctuary' and `sanctuary' mean
an area in the territory of the country--
``(A) that is used by a terrorist or terrorist
organization--
``(i) to carry out terrorist activities,
including training, fundraising, financing, and
recruitment; or
``(ii) as a transit point; and
``(B) the government of which expressly consents to,
or with knowledge, allows, tolerates, or disregards such
use of its territory and is not subject to a
determination under--
``(i) section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A));
``(ii) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)); or
``(iii) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)).''.
(4) NOTE: 22 USC 2656f note. Effective date.--The
amendments made by this subsection apply with respect to the
report required to be transmitted under section 140 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each
subsequent year.
[[Page 3779]]
118 STAT. 3779
SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against terrorism.
(2) Due to its location, topography, social conditions, and
other factors, Pakistan can be attractive to extremists seeking
refuge or opportunities to recruit or train, or a place from
which to operate against Coalition Forces in Afghanistan.
(3) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the Muslim
world, is critical to stability in the region.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) help to ensure a promising, stable, and secure future
for Pakistan over the long term;
(2) provide a comprehensive program of assistance to
encourage and enable Pakistan--
(A) to continue and improve upon its commitment to
combating extremists;
(B) to seek to resolve any outstanding difficulties
with its neighbors and other countries in its region;
(C) to continue to make efforts to fully control its
territory and borders;
(D) to progress toward becoming a more effective and
participatory democracy;
(E) to participate more vigorously in the global
marketplace and to continue to modernize its economy;
(F) to take all necessary steps to halt the spread
of weapons of mass destruction;
(G) to improve and expand access to education for
all citizens; and
(H) to increase the number and level of exchanges
between the Pakistani people and the American people;
and
(3) continue to provide assistance to Pakistan at not less
than the overall levels requested by the President for fiscal
year 2005.
(c) Extension of Pakistan Waivers.--The Act entitled ``An Act to
authorize the President to exercise waivers of foreign assistance
restrictions with respect to Pakistan through September 30, 2003, and
for other purposes'', approved October 27, 2001 (Public Law 107-57; 115
Stat. 403), as amended by section 2213 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1232), is further
amended--
(1) in NOTE: 115 Stat. 403. section 1(b)--
(A) in the heading, by striking ``Fiscal Year 2004''
and inserting ``Fiscal Years 2005 and 2006''; and
(B) in paragraph (1), by striking ``2004'' and
inserting ``2005 or 2006'';
(2) in section 3(2), NOTE: 115 Stat. 404. by striking
``and 2004,'' and inserting ``2004, 2005, and 2006''; and
(3) in section 6, NOTE: 115 Stat. 405. by striking
``2004'' and inserting ``2006''.
[[Page 3780]]
118 STAT. 3780
SEC. 7104. NOTE: Afghanistan Freedom Support Act Amendments of
2004. 22 USC 7501 note. 22 USC 7511 note. ASSISTANCE FOR
AFGHANISTAN.
(a) Short Title.--This section may be cited as the ``Afghanistan
Freedom Support Act Amendments of 2004''.
(b) Coordination of Assistance.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(A) The United States and its allies in the
international community have made progress in promoting
economic and political reform within Afghanistan,
including the establishment of a central government with
a democratic constitution, a new currency, and a new
army, the increase of personal freedom, and the
elevation of the standard of living of many Afghans.
(B) A number of significant obstacles must be
overcome if Afghanistan is to become a secure and
prosperous democracy, and such a transition depends in
particular upon--
(i) improving security throughout the country;
(ii) disarming and demobilizing militias;
(iii) curtailing the rule of the warlords;
(iv) promoting equitable economic development;
(v) protecting the human rights of the people
of Afghanistan;
(vi) continuing to hold elections for public
officials; and
(vii) ending the cultivation, production, and
trafficking of narcotics.
(C) The United States and the international
community must make a long-term commitment to addressing
the unstable security situation in Afghanistan and the
burgeoning narcotics trade, endemic poverty, and other
serious problems in Afghanistan in order to prevent that
country from relapsing into a sanctuary for
international terrorism.
(2) Sense of congress.--It is the sense of Congress that the
United States Government should take, with respect to
Afghanistan, the following actions:
(A) Work with other nations to obtain long-term
security, political, and financial commitments and
fulfillment of pledges to the Government of Afghanistan
to accomplish the objectives of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7501 et seq.), especially
to ensure a secure, democratic, and prosperous
Afghanistan that respects the rights of its citizens and
is free of international terrorist organizations.
(B) Use the voice and vote of the United States in
relevant international organizations, including the
North Atlantic Treaty Organization and the United
Nations Security Council, to strengthen international
commitments to assist the Government of Afghanistan in
enhancing security, building national police and
military forces, increasing counter-narcotics efforts,
and expanding infrastructure and public services
throughout the country.
(C) Take appropriate steps to increase the
assistance provided under programs of the Department of
State and the United States Agency for International
Development throughout Afghanistan and to increase the
number of
[[Page 3781]]
118 STAT. 3781
personnel of those agencies in Afghanistan as necessary
to support the increased assistance.
(c) Coordinator for Assistance.--
(1) NOTE: 22 USC 7514 note. Findings.--Congress makes
the following findings:
(A) The Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized the
provision of United States assistance to Afghanistan for
being too inflexible.
(B) The Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7501 et seq.) contains provisions that provide
for flexibility in the provision of assistance for
Afghanistan and are not subject to the requirements of
typical foreign assistance programs and provide for the
designation of a coordinator to oversee United States
assistance for Afghanistan.
(2) Designation of coordinator.--Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) is
amended in the matter preceding paragraph (1) by striking ``is
strongly urged to'' and inserting ``shall''.
(d) Assistance Plan; International Coordination.--Section 104 of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is amended by
adding at the end the following:
``(c) Assistance Plan.--
``(1) NOTE: Deadlines. Submission to congress.--The
coordinator designated under subsection (a) shall annually
submit the Afghanistan assistance plan of the Administration
to--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Committee on International Relations of
the House of Representatives;
``(C) the Committee on Appropriations of the Senate;
and
``(D) the Committee on Appropriations of the House
of Representatives.
``(2) Contents.--The assistance plan submitted under
paragraph (1) shall describe--
``(A) how the plan relates to the strategy provided
pursuant to section 304; and
``(B) how the plan builds upon United States
assistance provided to Afghanistan since 2001.
``(d) Coordination With International Community.--
``(1) In general.--The coordinator designated under
subsection (a) shall work with the international community and
the Government of Afghanistan to ensure that assistance to
Afghanistan is implemented in a coherent, consistent, and
efficient manner to prevent duplication and waste.
``(2) International financial institutions.--The coordinator
designated under subsection (a), under the direction of the
Secretary of State, shall work through the Secretary of the
Treasury and the United States Executive Directors at the
international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act (22
U.S.C. 262r(c)(2))) to coordinate United States assistance for
Afghanistan with international financial institutions.
(e) General Provisions Relating to the Afghanistan Freedom Support
Act of 2002.--
(1) Assistance to promote economic, political and social
development.--
[[Page 3782]]
118 STAT. 3782
(A) NOTE: 22 USC 7513 note. Declaration of
policy.--Congress reaffirms the authorities contained in
title I of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7501 et seq.), relating to economic and
democratic development assistance for Afghanistan.
(B) Provision of assistance.--Section 103(a) of such
Act (22 U.S.C. 7513(a)) is amended in the matter
preceding paragraph (1) by striking ``section 512 of
Public Law 107-115 or any other similar'' and inserting
``any other''.
(2) NOTE: 22 USC 7511 note. Declarations of general
policy.--Congress makes the following declarations:
(A) The United States reaffirms the support that it
and other countries expressed for the report entitled
``Securing Afghanistan's Future'' in their Berlin
Declaration of April 2004. The United States should help
enable the growth needed to create an economically
sustainable Afghanistan capable of the poverty reduction
and social development foreseen in the report.
(B) The United States supports the parliamentary
elections to be held in Afghanistan by April 2005 and
will help ensure that such elections are not undermined,
including by warlords or narcotics traffickers.
(C) The United States continues to urge North
Atlantic Treaty Organization members and other friendly
countries to make much greater military contributions
toward securing the peace in Afghanistan.
(3) Form of reports.--Section 304 of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7554) is amended--
(A) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary'';
(B) by striking ``The first report'' and inserting
the following:
``(b) Deadline for Submission.--The first report''; and
(C) by adding at the end the following:
``(c) Form of Reports.--Any report or other matter that is required
to be submitted to Congress (including a committee of Congress) by this
Act may contain a classified annex.''.
(4) Long-term strategy.--
(A) Strategy.--Title III of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7551 et seq.) is amended
by adding at the end the following:
``SEC. 305. NOTE: 22 USC 7555. FORMULATION OF LONG-TERM STRATEGY FOR
AFGHANISTAN.
``(a) Strategy.--
``(1) NOTE: Deadline. President. In general.--Not later
than 180 days after the date of enactment of this section, the
President shall formulate a 5-year strategy for Afghanistan and
submit such strategy to--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Committee on International Relations of
the House of Representatives;
``(C) the Committee on Appropriations of the Senate;
and
``(D) the Committee on Appropriations of the House
of Representatives.
[[Page 3783]]
118 STAT. 3783
``(2) Contents.--The strategy formulated under paragraph (1)
shall include specific and measurable goals for addressing the
long-term development and security needs of Afghanistan,
including sectors such as agriculture and irrigation,
parliamentary and democratic development, the judicial system
and rule of law, human rights, education, health,
telecommunications, electricity, women's rights,
counternarcotics, police, border security, anti-corruption, and
other law-enforcement activities, as well as the anticipated
costs and time frames associated with achieving those goals.
``(b) Monitoring.--
``(1) NOTE: President. Annual report.--The President
shall transmit on an annual basis through 2010 a report
describing the progress made toward the implementation of the
strategy required by subsection (a) and any changes to the
strategy since the date of the submission of the last report
to--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Committee on International Relations of
the House of Representatives;
``(C) the Committee on Appropriations of the Senate;
and
``(D) the Committee on Appropriations of the House
of Representatives.''.
(B) Clerical amendment.--The table of contents for
such Act (22 U.S.C. 7501 note) is amended by adding
after the item relating to section 303 the following new
item:
``Sec. 305. Formulation of long-term strategy for Afghanistan.''.
(f) Education, the Rule of Law, and Related Issues.--
(1) NOTE: 22 USC 7513 note. Declaration of policy.--
Congress declares that, although Afghanistan has adopted a new
constitution and made progress on primary education, the United
States must invest in a concerted effort in Afghanistan to
improve the rule of law, good governance, and effective
policing, to accelerate work on secondary and university
education systems, and to establish new initiatives to increase
the capacity of civil society.
(2) Amendment.--Section 103(a)(5) of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended to read as
follows:
``(5) Education, the rule of law, and related issues.--
``(A) Education.--To assist in the development of
the capacity of the Government of Afghanistan to provide
education to the people of Afghanistan, including
assistance such as--
``(i) support for an educated citizenry
through improved access to basic education, with
particular emphasis on basic education for
children, especially orphans;
``(ii) programs to enable the Government of
Afghanistan to recruit and train teachers, with
special focus on the recruitment and training of
female teachers;
``(iii) programs to enable the Government of
Afghanistan to develop school curricula that
incorporate relevant information such as landmine
awareness, food security and agricultural
education, civic
[[Page 3784]]
118 STAT. 3784
education, and human rights education, including
education relating to religious freedom;
``(iv) programs to construct, renovate, or
rebuild, and to equip and provide teacher
training, for primary schools, secondary schools,
and universities; and
``(v) programs to increase educational
exchanges and partnerships between the United
States and Afghanistan.
``(B) Rule of law.--To assist in the development of
the rule of law and good governance and reduced
corruption in Afghanistan, including assistance such
as--
``(i) support for the activities of the
Government of Afghanistan to implement its
constitution, to develop modern legal codes and
court rules, to provide for the creation of legal
assistance programs, and other initiatives to
promote the rule of law in Afghanistan;
``(ii) support for improvements in the
capacity and physical infrastructure of the
justice system in Afghanistan, such as for
professional training (including for women) to
improve the administration of justice, for
programs to enhance prosecutorial and judicial
capabilities and to protect participants in
judicial cases, for improvements in the
instruction of law enforcement personnel
(including human rights training), and for the
promotion of civilian police roles that support
democracy;
``(iii) support for rehabilitation and
rebuilding of courthouses and detention
facilities;
``(iv) support for the effective
administration of justice at the national,
regional, and local levels, including programs to
improve penal institutions and the rehabilitation
of prisoners, and to establish a responsible and
community-based police force;
``(v) support to increase the transparency,
accountability, and participatory nature of
governmental institutions, including programs
designed to combat corruption and other programs
for the promotion of good governance, such as the
development of regulations relating to financial
disclosure for public officials, political
parties, and candidates for public office, and
transparent budgeting processes and financial
management systems;
``(vi) support for establishment of a central
bank and central budgeting authority;
``(vii) support for international
organizations that provide civil advisers to the
Government of Afghanistan; and
``(viii) support for Afghan and international
efforts to investigate human rights atrocities
committed in Afghanistan by the Taliban regime,
opponents of such regime, and terrorist groups
operating in Afghanistan, including the collection
of forensic evidence relating to such atrocities.
``(C) Civil society and democracy.--To support the
development of democratic institutions in Afghanistan,
including assistance for--
[[Page 3785]]
118 STAT. 3785
``(i) international monitoring and observing
of, and the promotion of, free and fair elections;
``(ii) strengthening democratic political
parties;
``(iii) international exchanges and
professional training for members or officials of
government, political, and civic or other
nongovernmental entities;
``(iv) national, regional, and local elections
and political party development;
``(v) an independent media;
``(vi) programs that support the expanded
participation of women and members of all ethnic
groups in government at national, regional, and
local levels; and
``(vii) programs to strengthen civil society
organizations that promote human rights, including
religious freedom, freedom of expression, and
freedom of association, and support human rights
monitoring.
``(D) Protection of sites.--To provide for the
protection of Afghanistan's culture, history, and
national identity, including the rehabilitation of
Afghanistan's museums and sites of cultural
significance.''.
(3) Conforming amendment.--Section 103(a)(4) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4))
is amended--
(A) in subparagraph (K), by striking ``and'' at the
end;
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(M) assistance in identifying and surveying key
road and rail routes that are essential for economic
renewal in Afghanistan and the region and support for
the establishment of a customs service and training for
customs officers.''.
(g) Monitoring of Assistance for Afghanistan.--Section 103 of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513), is amended by
adding at the end the following:
``(d) Monitoring of Assistance for Afghanistan.--
``(1) Report.--
``(A) In general.--The Secretary of State, in
consultation with the Administrator for the United
States Agency for International Development, shall
submit to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of
the House of Representatives a report on the obligations
of United States assistance for Afghanistan from all
United States Government departments and agencies.
``(B) Contents.--Each such report shall set forth,
for the preceding annual period and cumulatively, a
description of--
``(i) the activities and the purposes for
which funds were obligated;
``(ii) the source of the funds stated
specifically by fiscal year, agency, and program;
``(iii) the participation of each United
States Government department or agency; and
[[Page 3786]]
118 STAT. 3786
``(iv) such other information as the Secretary
considers appropriate to fully inform Congress on
such matters.
``(C) Additional requirements.--The first report
submitted under this paragraph shall include a
cumulative account of information described in
subparagraph (B) from all prior periods beginning with
fiscal year 2001. The first report under this paragraph
shall be submitted not later than March 15, 2005.
Subsequent reports shall be submitted every 12 months
thereafter and may be included in the report required
under section 206(c)(2).
``(2) Submission of information for report.--The head of
each United States Government agency referred to in paragraph
(1) shall provide on a timely basis to the Secretary of State
such information as the Secretary may reasonably require to
allow the Secretary to prepare and submit the report required
under paragraph (1).''.
(h) United States Policy To Support Disarmament of Private Militias
and Expansion of International Peacekeeping and Security Operations in
Afghanistan.--
(1) NOTE: 22 USC 7536 note. United states policy
relating to disarmament of private militias.--
(A) In general.--It shall be the policy of the
United States to take immediate steps to provide active
support for the disarmament, demobilization, and
reintegration of armed soldiers, particularly child
soldiers, in Afghanistan, in close consultation with the
President of Afghanistan.
(B) Report.--The report required under section
206(c)(2) of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7536(c)(2)) shall include a description of
the progress to implement paragraph (1).
(2) International peacekeeping and security operations.--
Section 206 of such Act (22 U.S.C. 7536) is amended by adding at
the end the following:
``(e) United States Policy Relating To International Peacekeeping
and Security Operations.--It shall be the policy of the United States to
make every effort to support the expansion of international peacekeeping
and security operations in Afghanistan in order to--
``(1) increase the area in which security is provided and
undertake vital tasks related to promoting security, such as
disarming warlords, militias, and irregulars, and disrupting
opium production; and
``(2) safeguard highways in order to allow the free flow of
commerce and to allow material assistance to the people of
Afghanistan, and aid personnel in Afghanistan, to move more
freely.''.
(i) Efforts To Expand International Peacekeeping and Security
Operations in Afghanistan.--Section 206(d)(1) of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read as
follows:
``(1) NOTE: President. Efforts to expand international
peacekeeping and security operations in afghanistan.--
``(A) Efforts.--The President shall encourage, and,
as authorized by law, enable other countries to actively
participate in expanded international peacekeeping and
[[Page 3787]]
118 STAT. 3787
security operations in Afghanistan, especially through
the provision of military personnel for extended periods
of time.
``(B) Reports.--The President shall prepare and
transmit a report on the efforts carried out pursuant to
subparagraph (A) to the Committee on Foreign Relations
of the Senate and the Committee on International
Relations of the House of Representatives. The first
report under this subparagraph shall be transmitted not
later than 60 days after the date of the enactment of
the Afghanistan Freedom Support Act Amendments of 2004
and subsequent reports shall be transmitted every 6
months thereafter and may be included in the report
required by subsection (c)(2).''.
(j) Provisions Relating to Counternarcotics Efforts in
Afghanistan.--
(1) Authorization of assistance.--Section 103(a)(3)(A) of
the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513(a)(3)(A)) is amended--
(A) in clause (i), by striking ``establish crop
substitution programs,'' and inserting ``promote
alternatives to poppy cultivation, including the
introduction of high value crops that are suitable for
export and the provision of appropriate technical
assistance and credit mechanisms for farmers,'';
(B) in clause (ii), by inserting before the
semicolon at the end the following: ``, and to create
special counternarcotics courts, prosecutors, and places
of incarceration'';
(C) in clause (iii), by inserting before the
semicolon at the end the following: ``, in particular,
notwithstanding section 660 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2420), by providing non-lethal
equipment, training (including training in
internationally recognized standards of human rights,
the rule of law, anti-corruption, and the promotion of
civilian police roles that support democracy), and
payments, during fiscal years 2005 through 2008, for
salaries for special counternarcotics police and
supporting units'';
(D) in clause (iv), by striking ``and'' at the end;
(E) in clause (v), by striking the period at the end
and inserting ``; and''; and
(F) by adding after clause (v) the following:
``(vi) assist the Afghan National Army with
respect to any of the activities under this
paragraph.''.
(2) Sense of congress and report.--Title II of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531 et seq.)
is amended--
(A) by redesignating sections 207 and 208 NOTE: 22
USC 7537, 7538. as sections 208 and 209, respectively;
and
(B) by inserting after section 206 the following:
``SEC. 207. NOTE: 22 USC 7536a. SENSE OF CONGRESS AND REPORT
REGARDING COUNTER-DRUG EFFORTS IN AFGHANISTAN.
``(a) Sense of Congress.--It is the sense of Congress that--
``(1) the President should make the substantial reduction of
illegal drug production and trafficking in Afghanistan a
priority in the Global War on Terrorism;
``(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal
[[Page 3788]]
118 STAT. 3788
agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved in counter-
drug activities to assist in providing a secure environment for
counter-drug personnel in Afghanistan; and
``(3) the United States, in conjunction with the Government
of Afghanistan and coalition partners, should undertake
additional efforts to reduce illegal drug trafficking and
related activities that provide financial support for terrorist
organizations in Afghanistan and neighboring countries.
``(b) Report Required.--(1) The Secretary of Defense and the
Secretary of State shall jointly prepare a report that describes--
``(A) the progress made toward substantially reducing poppy
cultivation and heroin production capabilities in Afghanistan;
and
``(B) the extent to which profits from illegal drug activity
in Afghanistan are used to financially support terrorist
organizations and groups seeking to undermine the Government of
Afghanistan.
``(2) The report required by this subsection shall be submitted to
Congress not later than 120 days after the date of the enactment of the
9/11 Recommendations Implementation Act.''.
(3) Clerical amendment.--The table of contents for such Act
(22 U.S.C. 7501 note) is amended by striking the items relating
to sections 207 and 208 and inserting the following:
``Sec. 207. Sense of Congress and report regarding counter-drug efforts
in Afghanistan.
``Sec. 208. Relationship to other authority.
``Sec. 209. Authorization of appropriations.''.
(k) Additional Amendments to Afghanistan Freedom Support Act of
2002.--
(1) Extension of reports on implementation of strategy.--
Section 206(c)(2) of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7536(c)(2)) is amended in the matter preceding
subparagraph (A) by striking ``2007'' and inserting ``2010''.
(2) Technical amendment.--Section 103(a)(7)(A)(xii) of such
Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking
``National'' and inserting ``Afghan Independent''.
(l) Repeal of Prohibition on Assistance.--Section 620D of the
Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to prohibition
on assistance to Afghanistan) is repealed.
(m) Authorization of Appropriations.--Section 108(a) of the
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a)) is
amended by striking ``$1,825,000,000 for fiscal year 2004'' and all that
follows and inserting ``such sums as may be necessary for each of the
fiscal years 2005 and 2006.''.
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI
ARABIA.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Despite a long history of friendly relations with the
United States, there have been problems in cooperation between
the United States and Saudi Arabia.
[[Page 3789]]
118 STAT. 3789
(2) The Government of Saudi Arabia has not always responded
promptly or fully to United States requests for assistance in
the global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all it can
to prevent financial or other support from being provided to, or
reaching, extremist organizations in Saudi Arabia or other
countries.
(4) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia, on
May 12, 2003, and the Government of Saudi Arabia is now pursuing
al Qaeda and other terror groups operating inside Saudi Arabia.
(5) The United States must enhance its cooperation and
strong relationship with Saudi Arabia based upon a shared and
public commitment to political and economic reform, greater
tolerance and respect for religious and cultural diversity and
joint efforts to prevent funding for and support of extremist
organizations in Saudi Arabia and elsewhere.
(b) Sense of Congress.--It is the sense of Congress that there
should be a more robust dialogue between the people and Government of
the United States and the people and Government of Saudi Arabia in order
to improve the relationship between the United States and Saudi Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) While support for the United States has plummeted in the
Islamic world, many negative views are uninformed, at best, and,
at worst, are informed by coarse stereotypes and caricatures.
(2) Local newspapers in countries with predominantly Muslim
populations and influential broadcasters who reach Muslim
audiences through satellite television often reinforce the idea
that the people and Government of the United States are anti-
Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous to the people and governments of other
countries;
(2) the United States should cooperate with governments of
countries with predominantly Muslim populations to foster
agreement on respect for human dignity and opportunity, and to
offer a vision of a better future that includes stressing life
over death, individual educational and economic opportunity,
widespread political participation, contempt for violence,
respect for the rule of law, openness in discussing differences,
and tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Muslims; and
(4) the United States should work to defeat extremism in all
its form, especially in nations with predominantly Muslim
populations by providing assistance to governments, non-
[[Page 3790]]
118 STAT. 3790
governmental organizations, and individuals who promote
modernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with
repressive dictatorships have often been outweighed by long-term
setbacks for the stature and interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the
importance of individual educational and economic opportunity,
encourage widespread political participation, condemn violence,
and promote respect for the rule of law, openness in discussing
differences among people, and tolerance for opposing points of
view; and
(2) the United States Government must encourage the
governments of all countries with predominantly Muslim
populations, including those that are friends and allies of the
United States, to promote the value of life and the importance
of individual education and economic opportunity, encourage
widespread political participation, condemn violence and promote
the rule of law, openness in discussing differences among
people, and tolerance for opposing points of view.
SEC. 7108. PROMOTION NOTE: 22 USC 1431 note. OF FREE MEDIA AND
OTHER AMERICAN VALUES.
(a) Promotion of United States Values Through Broadcast Media.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(A) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants
and criminals in Somalia, Bosnia, Kosovo, Afghanistan,
and Iraq, this message is neither convincingly presented
nor widely understood.
(B) If the United States does not act to vigorously
define its message in countries with predominantly
Muslim populations, the image of the United States will
be defined by Islamic extremists who seek to demonize
the United States.
(C) Recognizing that many Muslim audiences rely on
satellite television and radio, the United States
Government has launched promising initiatives in
television and radio broadcasting to the Islamic world,
including Iran and Afghanistan.
(2) Sense of congress.--It is the sense of Congress that--
(A) the United States must do more to defend and
promote its values and ideals to the broadest possible
audience in countries with predominantly Muslim
populations;
(B) United States efforts to defend and promote
these values and ideals are beginning to ensure that
accurate expressions of these values reach large Muslim
audiences and should be robustly supported;
[[Page 3791]]
118 STAT. 3791
(C) the United States Government could and should do
more to engage Muslim audiences in the struggle of
ideas; and
(D) the United States Government should more
intensively employ existing broadcast media in the
Islamic world as part of this engagement.
(b) Enhancing Free and Independent Media.--
(1) Findings.--Congress makes the following findings:
(A) Freedom of speech and freedom of the press are
fundamental human rights.
(B) The United States has a national interest in
promoting these freedoms by supporting free media
abroad, which is essential to the development of free
and democratic societies consistent with our own.
(C) Free media is undermined, endangered, or
nonexistent in many repressive and transitional
societies around the world, including in Eurasia,
Africa, and the Middle East.
(D) Individuals lacking access to a plurality of
free media are vulnerable to misinformation and
propaganda and are potentially more likely to adopt
anti-United States views.
(E) Foreign governments have a responsibility to
actively and publicly discourage and rebut
unprofessional and unethical media while respecting
journalistic integrity and editorial independence.
(2) Statement of policy.--It shall be the policy of the
United States, acting through the Secretary of State, to--
(A) ensure that the promotion of freedom of the
press and freedom of media worldwide is a priority of
United States foreign policy and an integral component
of United States public diplomacy;
(B) respect the journalistic integrity and editorial
independence of free media worldwide; and
(C) ensure that widely accepted standards for
professional and ethical journalistic and editorial
practices are employed when assessing international
media.
(c) Establishment of Media Network.--
(1) Grants for establishment of network.--The Secretary of
State shall, utilizing amounts authorized to be appropriated by
subsection (e)(2), make grants to the National Endowment for
Democracy (NED) under the National Endowment for Democracy Act
(22 U.S.C. 4411 et seq.) for utilization by the Endowment to
provide funding to a private sector group to establish and
manage a free and independent media network as specified in
paragraph (2).
(2) Media network.--The media network established using
funds under paragraph (1) shall provide an effective forum to
convene a broad range of individuals, organizations, and
governmental participants involved in journalistic activities
and the development of free and independent media in order to--
(A) fund a clearinghouse to collect and share
information concerning international media development
and training;
(B) improve research in the field of media
assistance and program evaluation to better inform
decisions
[[Page 3792]]
118 STAT. 3792
regarding funding and program design for government and
private donors;
(C) explore the most appropriate use of existing
means to more effectively encourage the involvement of
the private sector in the field of media assistance; and
(D) identify effective methods for the development
of a free and independent media in societies in
transition.
(d) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated for
each of fiscal years 2005 and 2006, unless otherwise authorized
by Congress, such sums as may be necessary to carry out United
States Government broadcasting activities consistent with this
section under the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.),
and the Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6501 et seq.), and to carry out other activities under
this section consistent with the purposes of such Acts, unless
otherwise authorized by Congress.
(2) Grants for media network.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated for each of fiscal years 2005 and
2006, unless otherwise authorized by Congress, such sums as may
be necessary for grants under subsection (c)(1) for the
establishment of the media network described in subsection
(c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
(a) In General.--The State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.) is amended by inserting after section 59 the
following new section:
``SEC. 60. NOTE: 22 USC 2732. PUBLIC DIPLOMACY RESPONSIBILITIES OF
THE DEPARTMENT OF STATE.
``(a) Integral Component.--The Secretary of State shall make public
diplomacy an integral component in the planning and execution of United
States foreign policy.
``(b) Coordination and Development of Strategy.--The Secretary shall
make every effort to--
``(1) coordinate, subject to the direction of the President,
the public diplomacy activities of Federal agencies; and
``(2) coordinate with the Broadcasting Board of Governors
to--
``(A) develop a comprehensive and coherent strategy
for the use of public diplomacy resources; and
``(B) develop and articulate long-term measurable
objectives for United States public diplomacy.
``(c) Objectives.--The strategy developed pursuant to subsection (b)
shall include public diplomacy efforts targeting developed and
developing countries and select and general audiences, using appropriate
media to properly explain the foreign policy of the United States to the
governments and populations of such countries, with the objectives of
increasing support for United States policies and providing news and
information. The Secretary shall, through the most effective mechanisms,
counter misinformation and propaganda concerning the United States. The
Secretary shall continue
[[Page 3793]]
118 STAT. 3793
to articulate the importance of freedom, democracy, and human rights as
fundamental principles underlying United States foreign policy goals.
``(d) Identification of United States Foreign Assistance.--In
cooperation with the United States Agency for International Development
(USAID) and other public and private assistance organizations and
agencies, the Secretary should ensure that information relating to
foreign assistance provided by the United States, nongovernmental
organizations, and private entities of the United States is disseminated
widely, and particularly, to the extent practicable, within countries
and regions that receive such assistance. The Secretary should ensure
that, to the extent practicable, projects funded by USAID not involving
commodities, including projects implemented by private voluntary
organizations, are identified as provided by the people of the United
States.''.
(b) Functions of the Under Secretary of State for Public
Diplomacy.--
(1) Amendment.--Section 1(b)(3) of such Act (22 U.S.C.
2651a(b)(3)) is amended by adding at the end the following new
sentence: ``The Under Secretary for Public Diplomacy shall--
``(A) prepare an annual strategic plan for public
diplomacy in collaboration with overseas posts and in
consultation with the regional and functional bureaus of
the Department;
``(B) ensure the design and implementation of
appropriate program evaluation methodologies;
``(C) provide guidance to Department personnel in
the United States and overseas who conduct or implement
public diplomacy policies, programs, and activities;
``(D) assist the United States Agency for
International Development and the Broadcasting Board of
Governors to present the policies of the United States
clearly and effectively; and
``(E) submit statements of United States policy and
editorial material to the Broadcasting Board of
Governors for broadcast consideration.''.
(2) NOTE: 22 USC 2651a note. Consultation.--The Under
Secretary of State for Public Diplomacy, in carrying out the
responsibilities described in section 1(b)(3) of such Act (as
amended by paragraph (1)), shall consult with public diplomacy
officers operating at United States overseas posts and in the
regional bureaus of the Department of State.
SEC. 7110. NOTE: 22 USC 3922b. PUBLIC DIPLOMACY TRAINING.
(a) Statement of Policy.--The following should be the policy of the
United States:
(1) The Foreign Service should recruit individuals with
expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent
role in the formulation of public diplomacy strategies for the
countries and regions to which they are assigned and should be
accountable for the operation and success of public diplomacy
efforts at their posts.
(3) Initial and subsequent training of Foreign Service
officers should be enhanced to include information and training
[[Page 3794]]
118 STAT. 3794
on public diplomacy and the tools and technology of mass
communication.
(b) Personnel.--
(1) Qualifications.--In the recruitment, training, and
assignment of members of the Foreign Service, the Secretary of
State--
(A) should emphasize the importance of public
diplomacy and applicable skills and techniques;
(B) should consider the priority recruitment into
the Foreign Service, including at middle-level entry, of
individuals with expertise and professional experience
in public diplomacy, mass communications, or journalism;
and
(C) shall give special consideration to individuals
with language facility and experience in particular
countries and regions.
(2) Languages of special interest.--The Secretary of State
shall seek to increase the number of Foreign Service officers
proficient in languages spoken in countries with predominantly
Muslim populations. Such increase should be accomplished through
the recruitment of new officers and incentives for officers in
service.
(c) Public Diplomacy Suggested for Promotion in Foreign Service.--
Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is
amended by adding at the end the following: ``The precepts for selection
boards shall include, whether the member of the Service or the member of
the Senior Foreign Service, as the case may be, has demonstrated--
(1) a willingness and ability to explain United States
policies in person and through the media when occupying
positions for which such willingness and ability is, to any
degree, an element of the member's duties, or
(2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL
ORGANIZATIONS.
(a) Support and Expansion of Democracy Caucus.--
(1) In general.--The President, acting through the Secretary
of State and the relevant United States chiefs of mission,
should--
(A) continue to strongly support and seek to expand
the work of the democracy caucus at the United Nations
General Assembly and the United Nations Human Rights
Commission; and
(B) seek to establish a democracy caucus at the
United Nations Conference on Disarmament and at other
broad-based international organizations.
(2) Purposes of the caucus.--A democracy caucus at an
international organization should--
(A) forge common positions, including, as
appropriate, at the ministerial level, on matters of
concern before the organization and work within and
across regional lines to promote agreed positions;
(B) work to revise an increasingly outmoded system
of membership selection, regional voting, and
decisionmaking; and
(C) establish a rotational leadership agreement to
provide member countries an opportunity, for a set
period
[[Page 3795]]
118 STAT. 3795
of time, to serve as the designated president of the
caucus, responsible for serving as its voice in each
organization.
(b) Leadership and Membership of International Organizations.--The
President, acting through the Secretary of State, the relevant United
States chiefs of mission, and, where appropriate, the Secretary of the
Treasury, should use the voice, vote, and influence of the United States
to--
(1) where appropriate, reform the criteria for leadership
and, in appropriate cases, for membership, at all United Nations
bodies and at other international organizations and multilateral
institutions to which the United States is a member so as to
exclude countries that violate the principles of the specific
organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions of
which the United States is a member that a member country may
not stand in nomination for membership or in nomination or in
rotation for a significant leadership position in such bodies if
the member country is subject to sanctions imposed by the United
Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in rotation for a
significant leadership position in such organizations, or for
membership on the United Nations Security Council, if the
government of the member country has been determined by the
Secretary of State to have repeatedly provided support for acts
of international terrorism.
(c) NOTE: 22 USC 4029. Increased Training in Multilateral
Diplomacy.--
(1) Statement of policy.--It shall be the policy of the
United States that training courses should be established for
Foreign Service Officers and civil service employees of the
State Department, including appropriate chiefs of mission, on
the conduct of multilateral diplomacy, including the conduct of
negotiations at international organizations and multilateral
institutions, negotiating skills that are required at
multilateral settings, coalition-building techniques, and
lessons learned from previous United States multilateral
negotiations.
(2) Personnel.--
(A) In general.--The Secretary shall ensure that the
training described in paragraph (1) is provided at
various stages of the career of members of the Service.
(B) Actions of the Secretary.--The Secretary shall
ensure that--
(i) officers of the Service receive training
on the conduct of diplomacy at international
organizations and other multilateral institutions
and at broad-based multilateral negotiations of
international instruments as part of their
training upon entry into the Service; and
(ii) officers of the Service, including chiefs
of
mission, who are assigned to United States
missions representing the United States to
international organizations and other multilateral
institutions or who are assigned in Washington,
D.C., to positions that have as their primary
responsibility formulation of policy toward such
organizations and institutions or toward
participation in broad-based multilateral
[[Page 3796]]
118 STAT. 3796
negotiations of international instruments, receive
specialized training in the areas described in
paragraph (1) prior to beginning of service for
such assignment or, if receiving such training at
that time is not practical, within the first year
of beginning such assignment.
(3) Training for civil service employees.--The Secretary
shall ensure that employees of the Department of State who are
members of the civil service and who are assigned to positions
described in paragraph (2) receive training described in
paragraph (1) prior to the beginning of service for such
assignment or, if receiving such training at such time is not
practical, within the first year of beginning such assignment.
SEC. 7112. EXPANSION NOTE: 22 USC 2451 note. OF UNITED STATES
SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE
ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Declaration of Policy.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress declares that--
(1) the United States should commit to a long-term and
sustainable investment in promoting engagement with people of
all levels of society in countries with predominantly Muslim
populations, particularly with youth and those who influence
youth;
(2) such an investment should make use of the talents and
resources in the private sector and should include programs to
increase the number of people who can be exposed to the United
States and its fundamental ideas and values in order to dispel
misconceptions; and
(3) such programs should include youth exchange programs,
young ambassadors programs, international visitor programs,
academic and cultural exchange programs, American Corner
programs, library programs, journalist exchange programs, sister
city programs, and other programs related to people-to-people
diplomacy.
(c) Sense of Congress.--It is the sense of Congress that the United
States should significantly increase its investment in the people-to-
people programs described in subsection (b).
(d) Authority To Expand Educational and Cultural Exchanges.--The
President is authorized to substantially expand the exchange,
scholarship, and library programs of the United States, especially such
programs that benefit people in the Muslim world.
(e) Availability of Funds.--Of the amounts authorized to be
appropriated in each of the fiscal years 2005 and 2006 for educational
and cultural exchange programs, there shall be available to the
Secretary of State such sums as may be necessary
[[Page 3797]]
118 STAT. 3797
to carry out programs under this section, unless otherwise authorized by
Congress.
SEC. 7113. PILOT NOTE: 22 USC 2452 note. PROGRAM TO PROVIDE
GRANTS TO AMERICAN-SPONSORED SCHOOLS IN
PREDOMINANTLY MUSLIM COUNTRIES TO
PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress makes the following findings:
(1) During the 2003-2004 school year, the Office of Overseas
Schools of the Department of State is financially assisting 189
elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary schools
are located in more than 20 countries with predominantly Muslim
populations in the Near East, Africa, South Asia, Central Asia,
and East Asia.
(3) United States-sponsored elementary and secondary schools
provide an American-style education in English, with curricula
that typically include an emphasis on the development of
critical thinking and analytical skills.
(b) Statement of Policy.--The United States has an interest in
increasing the level of financial support provided to United States-
sponsored elementary and secondary schools in countries with
predominantly Muslim populations in order to--
(1) increase the number of students in such countries who
attend such schools;
(2) increase the number of young people who may thereby gain
at any early age an appreciation for the culture, society, and
history of the United States; and
(3) increase the number of young people who may thereby
improve their proficiency in the English language.
(c) Pilot Program.--The Secretary of State, acting through the
Director of the Office of Overseas Schools of the Department of State,
may conduct a pilot program to make grants to United States-sponsored
elementary and secondary schools in countries with predominantly Muslim
populations for the purpose of providing full or partial merit-based
scholarships to students from lower-income and middle-income families of
such countries to attend such schools.
(d) Determination of Eligible Students.--For purposes of the pilot
program, a United States-sponsored elementary and secondary school that
receives a grant under the pilot program may establish criteria to be
implemented by such school to determine what constitutes lower-income
and middle-income families in the country (or region of the country, if
regional variations in income levels in the country are significant) in
which such school is located.
(e) Restriction on Use of Funds.--Amounts appropriated to the
Secretary of State pursuant to the authorization of appropriations in
subsection (h) shall be used for the sole purpose of making grants under
this section, and may not be used for the administration of the Office
of Overseas Schools of the Department of State or for any other activity
of the Office.
(f) Voluntary Participation.--Nothing in this section shall be
construed to require participation in the pilot program by a United
States-sponsored elementary or secondary school in a predominantly
Muslim country.
(g) Report.--Not later than April 15, 2006, the Secretary of State
shall submit to the Committee on International Relations of the House of
Representatives and the Committee on Foreign
[[Page 3798]]
118 STAT. 3798
Relations of the Senate a report on the pilot program. The report shall
assess the success of the program, examine any obstacles encountered in
its implementation, and address whether it should be continued, and if
so, provide recommendations to increase its effectiveness.
(h) Funding.--There are authorized to be appropriated to the
Secretary of State for each of the fiscal years 2005 and 2006, unless
otherwise authorized by Congress, such sums as necessary to implement
the pilot program under this section.
SEC. 7114. INTERNATIONAL NOTE: 22 USC 2228. YOUTH OPPORTUNITY
FUND.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a key
element in any global strategy to eliminate terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, efforts to improve education in the
Middle East must also include--
(A) support for the provision of basic education
tools, such as textbooks that translate more of the
world's knowledge into local languages and local
libraries to house such materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--The Secretary of State is authorized to
establish through an existing international organization, such
as the United Nations Educational, Science and Cultural
Organization (UNESCO) or other similar body, an International
Youth Opportunity Fund to provide financial assistance for the
improvement of public education in the Middle East and other
countries of strategic interest with predominantly Muslim
populations.
(2) International participation.--The Secretary should seek
the cooperation of the international community in establishing
and generously supporting the Fund.
SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policies
and repressive political regimes.
[[Page 3799]]
118 STAT. 3799
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist between
the United States and Israel and the United States and Jordan.
(4) Existing and proposed free trade agreements between the
United States and countries with predominantly Muslim
populations are drawing interest from other countries in the
Middle East region, and countries with predominantly Muslim
populations can become full participants in the rules-based
global trading system, as the United States considers lowering
its barriers to trade.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects for
their children's future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have
a significant population of Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Muslim individuals,
including efforts to integrate such countries into the global
trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its assistance
to countries in the Middle East to the promotion of the rule of
law.
SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2005 and 2006, (unless otherwise
authorized by Congress) such sums as may be necessary for the Middle
East Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that, given the
importance of the rule of law and economic reform to development in the
Middle East, a significant portion of the funds authorized to be
appropriated under subsection (a) should be made available to promote
the rule of law in the Middle East.
SEC. 7117. COMPREHENSIVE NOTE: 22 USC 2656 note. COALITION
STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of United
States Government contacts with foreign governments concerning
counterterrorism have expanded significantly, but such contacts
have often been ad hoc and not integrated as a comprehensive and
unified approach to counterterrorism.
[[Page 3800]]
118 STAT. 3800
(b) In General.--The Secretary of State is authorized in
consultation with relevant United States Government agencies, to
negotiate on a bilateral or multilateral basis, as appropriate,
international agreements under which parties to an agreement work in
partnership to address and interdict acts of international terrorism.
(c) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that the
President--
(A) should seek to engage the leaders of the
governments of other countries in a process of advancing
beyond separate and uncoordinated national
counterterrorism strategies to develop with those other
governments a comprehensive multilateral strategy to
fight terrorism; and
(B) to that end, should seek to establish an
international counterterrorism policy contact group with
the leaders of governments providing leadership in
global counterterrorism efforts and governments of
countries with sizable Muslim populations, to be used as
a ready and flexible international means for discussing
and coordinating the development of important
counterterrorism policies by the participating
governments.
(2) NOTE: President. Establishment. Authority.--The
President is authorized to establish an international
counterterrorism policy contact group with the leaders of
governments referred to in paragraph (1) for the following
purposes:
(A) To meet annually, or more frequently as the
President determines appropriate, to develop in common
with such other governments important policies and a
strategy that address the various components of
international prosecution of the war on terrorism,
including policies and a strategy that address military
issues, law enforcement, the collection, analysis, and
dissemination of intelligence, issues relating to
interdiction of travel by terrorists, counterterrorism-
related customs issues, financial issues, and issues
relating to terrorist sanctuaries.
(B) To address, to the extent (if any) that the
President and leaders of other participating governments
determine appropriate, long-term issues that can
contribute to strengthening stability and security in
the Middle East.
SEC. 7118. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) The death or capture of several important financial
facilitators has decreased the amount of money available to al
Qaeda, and has made it more difficult for al Qaeda to raise and
move money.
(2) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to continue
the cycle of disruption.
(3) The United States Government has rightly recognized that
information about terrorist money helps in understanding terror
networks, searching them out, and disrupting their operations.
(b) Sense of Congress.--It is the sense of Congress that--
[[Page 3801]]
118 STAT. 3801
(1) a critical weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial
facilitators by intelligence and law enforcement agencies; and
(2) efforts to track terrorist financing must be paramount
in United States counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and (6),
a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning
on the effective date of the designation under paragraph
(2)(B)'' and inserting ``until revoked under paragraph
(5) or (6) or set aside pursuant to subsection (c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review
the designation of a foreign terrorist
organization under the procedures set forth in
clauses (iii) and (iv) if the designated
organization files a petition for revocation
within the petition period described in clause
(ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated organization
has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the
date on which the designation was made;
or
``(II) if the designated
organization has previously filed a
petition for revocation under this
subparagraph, the petition period begins
2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any foreign terrorist
organization that submits a petition for
revocation under this subparagraph must provide
evidence in that petition that the relevant
circumstances described in paragraph (1) are
sufficiently different from the circumstances that
were the basis for the designation such that a
revocation with respect to the organization is
warranted.
``(iv) Determination.--
``(I) NOTE: Deadline. In
general.--Not later than 180 days after
receiving a petition for revocation
submitted under this subparagraph, the
Secretary shall make a determination as
to such revocation.
``(II) Classified information.--The
Secretary may consider classified
information in making a determination in
response to a petition for revocation.
Classified information shall not be
subject to disclosure for such time as
it remains classified, except that such
information may be disclosed to a court
ex parte and in camera for purposes of
judicial review under subsection (c).
[[Page 3802]]
118 STAT. 3802
``(III) NOTE: Federal Register,
publication. Publication of
determination.--A determination made by
the Secretary under this clause shall be
published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no
review has taken place under subparagraph (B), the
Secretary shall review the designation of the
foreign terrorist organization in order to
determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take
place pursuant to subparagraph (B) in response to
a petition for revocation that is filed in
accordance with that subparagraph, then the review
shall be conducted pursuant to procedures
established by the Secretary. The results of such
review and the applicable procedures shall not be
reviewable in any court.
``(iii) NOTE: Federal Register,
publication. Publication of results of review.--
The Secretary shall publish any determination made
pursuant to this subparagraph in the Federal
Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different name
or names, or merged with another organization.
``(2) NOTE: Effective date. Federal Register,
publication. Applicability. Procedure.--Amendments made to a
designation in accordance with paragraph (1) shall be effective
upon publication in the Federal Register. Subparagraphs (B) and
(C) of subsection (a)(2) shall apply to an amended designation
upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7),
and (8) of subsection (a) shall also apply to an amended
designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
[[Page 3803]]
118 STAT. 3803
(A) in paragraph (3)(B), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking ``or a redesignation made under paragraph
(4)(B)'' and inserting ``at any time, and shall
revoke a designation upon completion of a review
conducted pursuant to subparagraphs (B) and (C) of
paragraph (4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph (6),'';
and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation
under this subsection has become effective under
paragraph (4)(B),''; and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all that
follows through ``review of the designation'' and
inserting ``in the Federal Register of a designation, an
amended designation, or a determination in response to a
petition for revocation, the designated organization may
seek judicial review'';
(B) in paragraph (2), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'';
(C) in paragraph (3), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation''; and
(D) in paragraph (4), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'' each place that
term appears.
(d) NOTE: Applicability. 8 USC 1189 note. Savings Provision.--
For purposes of applying section 219 of the Immigration and Nationality
Act on or after the date of enactment of this Act, the term
``designation'', as used in that section, includes all redesignations
made pursuant to section 219(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this Act,
and such redesignations shall continue to be effective until revoked as
provided in paragraph (5) or (6) of section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
SEC. 7120. REPORT TO CONGRESS.
(a) NOTE: President. In General.--Not later than 180 days after
the date of enactment of this Act, the President shall submit to
Congress a report on the activities of the Government of the United
States to carry out the provisions of this subtitle.
(b) Contents.--The report required under this section shall include
the following:
(1) Terrorist sanctuaries.--A description of the strategy of
the United States to address and, where possible, eliminate
terrorist sanctuaries, including--
(A) a description of the terrorist sanctuaries that
exist;
(B) an outline of strategies, tactics, and tools for
disrupting or eliminating the security provided to
terrorists by such sanctuaries;
[[Page 3804]]
118 STAT. 3804
(C) a description of efforts by the United States
Government to work with other countries in bilateral and
multilateral fora to elicit the cooperation needed to
identify and address terrorist sanctuaries that may
exist unknown to governments; and
(D) a description of long-term goals and actions
designed to reduce the conditions that allow the
formation of terrorist sanctuaries, such as supporting
and strengthening host governments, reducing poverty,
increasing economic development, strengthening civil
society, securing borders, strengthening internal
security forces, and disrupting logistics and
communications networks of terrorist groups.
(2) Support for pakistan.--A description of a United States
strategy to engage with Pakistan and to support it over the long
term, including--
(A) recommendations on the composition and levels of
assistance required in future years, with special
consideration of the proper balance between security
assistance and other forms of assistance;
(B) a description of the composition and levels of
assistance, other than security assistance, at present
and in the recent past, structured to permit a
comparison of current and past practice with that
recommended for the future;
(C) measures that could be taken to ensure that all
forms of foreign assistance to Pakistan have the
greatest possible long-term positive impact on the
welfare of the Pakistani people and on the ability of
Pakistan to cooperate in global efforts against terror;
and
(D) measures that could be taken to alleviate
difficulties, misunderstandings, and complications in
the relationship between the United States and Pakistan.
(3) Collaboration with saudi arabia.--A description of the
strategy of the United States for expanding collaboration with
the Government of Saudi Arabia on subjects of mutual interest
and of importance, including a description of--
(A) steps that could usefully be taken to
institutionalize and make more transparent government to
government relationships between the United States and
Saudi Arabia, including the utility of undertaking
periodic, formal, and visible high-level dialogues
between government officials of both countries to
address challenges in the relationship between the 2
governments and to identify areas and mechanisms for
cooperation;
(B) intelligence and security cooperation between
the United States and Saudi Arabia in the fight against
Islamist terrorism;
(C) ways to increase the contribution of Saudi
Arabia to the stability of the Middle East and the
Islamic world, particularly to the Middle East peace
process, by eliminating support from or within Saudi
Arabia for extremist groups or tendencies;
(D) political and economic reform in Saudi Arabia
and throughout the Islamic world;
[[Page 3805]]
118 STAT. 3805
(E) ways to promote greater tolerance and respect
for cultural and religious diversity in Saudi Arabia and
throughout the Islamic world; and
(F) ways to assist the Government of Saudi Arabia in
reversing the impact of any financial, moral,
intellectual, or other support provided in the past from
Saudi sources to extremist groups in Saudi Arabia and
other countries, and to prevent this support from
continuing in the future.
(4) Struggle of ideas in the islamic world.--A description
of a cohesive, long-term strategy of the United States to help
win the struggle of ideas in the Islamic world, including the
following:
(A) A description of specific goals related to
winning this struggle of ideas.
(B) A description of the range of tools available to
the United States Government to accomplish such goals
and the manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and a
plan for linking resources to the accomplishment of such
goals.
(D) A description of any additional resources that
may be necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and
United States participation in, international
institutions for the promotion of democracy and economic
diversification in the Islamic world, and intraregional
trade in the Middle East.
(F) An estimate of the level of United States
financial assistance that would be sufficient to
convince United States allies and people in the Islamic
world that engaging in the struggle of ideas in the
Islamic world is a top priority of the United States and
that the United States intends to make a substantial and
sustained commitment toward winning this struggle.
(5) Outreach through broadcast media.--A description of a
cohesive, long-term strategy of the United States to expand its
outreach to foreign Muslim audiences through broadcast media,
including the following:
(A) The initiatives of the Broadcasting Board of
Governors with respect to outreach to foreign Muslim
audiences.
(B) An outline of recommended actions that the
United States Government should take to more regularly
and
comprehensively present a United States point of view
through indigenous broadcast media in countries with
predominantly Muslim populations, including increasing
appearances by United States Government officials,
experts, and citizens.
(C) An assessment of the major themes of biased or
false media coverage of the United States in foreign
countries and the actions taken to address this type of
media coverage.
(D) An assessment of potential incentives for, and
costs associated with, encouraging United States
broadcasters to dub or subtitle into Arabic and other
relevant languages their news and public affairs
programs broadcast in the
[[Page 3806]]
118 STAT. 3806
Muslim world in order to present those programs to a
much broader Muslim audience than is currently reached.
(E) Any recommendations the President may have for
additional funding and legislation necessary to achieve
the objectives of the strategy.
(6) Visas for participants in united states programs.--A
description of--
(A) any recommendations for expediting the issuance
of visas to individuals who are entering the United
States for the purpose of participating in a
scholarship, exchange, or visitor program described in
section 7111(b) without compromising the security of the
United States; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(7) Basic education in muslim countries.--A description of a
strategy, that was developed after consultation with
nongovernmental organizations and individuals involved in
education assistance programs in developing countries, to
promote free universal basic education in the countries of the
Middle East and in other countries with predominantly Muslim
populations designated by the President. The strategy shall
include the following elements:
(A) A description of the manner in which the
resources of the United States and the international
community shall be used to help achieve free universal
basic education in such countries, including--
(i) efforts of the United States to coordinate
an international effort;
(ii) activities of the United States to
leverage contributions from members of the Group
of Eight or other donors; and
(iii) assistance provided by the United States
to leverage contributions from the private sector
and civil society organizations.
(B) A description of the efforts of the United
States to coordinate with other donors to reduce
duplication and waste at the global and country levels
and to ensure efficient coordination among all relevant
departments and agencies of the Government of the United
States.
(C) A description of the strategy of the United
States to assist efforts to overcome challenges to
achieving free universal basic education in such
countries, including strategies to target hard to reach
populations to promote education.
(D) A listing of countries that the President
determines might be eligible for assistance under the
International Youth Opportunity Fund described in
section 7114(b) and related programs.
(E) A description of the efforts of the United
States to encourage countries in the Middle East and
other countries with predominantly Muslim populations
designated by the President to develop and implement a
national education plan.
(F) A description of activities that could be
carried out as part of the International Youth
Opportunity Fund to help close the digital divide and
expand vocational and business skills in such countries.
[[Page 3807]]
118 STAT. 3807
(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country
described in subparagraph (D), and an estimate of the
amount that has been expended by the United States and
by each such country during the previous fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from
countries in the Middle East and other countries with
predominantly Muslim populations designated by the
President, international organizations, and other
countries that share the objectives of the International
Youth Opportunity Fund.
(8) Economic reform.--A description of the efforts of the
United States Government to encourage development and promote
economic reform in countries that have a predominantly Muslim
population, including a description of--
(A) efforts to integrate countries with
predominantly Muslim populations into the global trading
system; and
(B) actions that the United States Government,
acting alone and in partnership with governments in the
Middle East, can take to promote intraregional trade and
the rule of law in the region.
(c) Form of Report.--Any report or other matter that is required to
be submitted to Congress (including a committee of Congress) under this
section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) Availability of Treaties and International Agreements.--Section
112a of title 1, United States Code, is amended by adding at the end the
following:
``(d) NOTE: Public information. Deadline. The Secretary of State
shall make publicly available through the Internet website of the
Department of State each treaty or international agreement proposed to
be published in the compilation entitled `United States Treaties and
Other International Agreements' not later than 180 days after the date
on which the treaty or agreement enters into force.''.
(b) Transmission to Congress.--Section 112b(a) of title 1, United
States Code, is amended by striking ``Committee on Foreign Affairs'' and
inserting ``Committee on International Relations''.
(c) Report.--Section 112b of title 1, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) NOTE: Reports. The Secretary of State shall annually
submit to Congress a report that contains an index of all international
agreements, listed by country, date, title, and summary of each such
agreement (including a description of the duration of activities under
the agreement and the agreement itself), that the United States--
``(A) has signed, proclaimed, or with reference to which any
other final formality has been executed, or that has been
extended or otherwise modified, during the preceding calendar
year; and
``(B) has not been published, or is not proposed to be
published, in the compilation entitled `United States Treaties
and Other International Agreements'.
``(2) The report described in paragraph (1) may be submitted in
classified form.''.
[[Page 3808]]
118 STAT. 3808
(d) Determination of International Agreement.--Subsection (e) of
section 112b of title 1, United States Code, as redesignated, is
amended--
(1) by striking ``(e) The Secretary of State'' and inserting
the following:
``(e)(1) Subject to paragraph (2), the Secretary of State''; and
(2) by adding at the end the following:
``(2)(A) An arrangement shall constitute an international agreement
within the meaning of this section (other than subsection (c))
irrespective of the duration of activities under the arrangement or the
arrangement itself.
``(B) Arrangements that constitute an international agreement within
the meaning of this section (other than subsection (c)) include the
following:
``(i) A bilateral or multilateral counterterrorism
agreement.
``(ii) A bilateral agreement with a country that is subject
to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)),
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).''.
(e) Enforcement of Requirements.--Section 139(b) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and NOTE: 1 USC 112b
note. 1989 is amended to read as follows:
``(b) Effective Date.--Subsection (a) shall take effect 60 days
after the date of enactment of the 911 Commission Implementation Act of
2004 and shall apply during fiscal years 2005, 2006, and 2007.''.
SEC. 7122. NOTE: 1 USC 112a note. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall
take effect on the date of enactment of this Act.
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) NOTE: 8 USC 1776 note. Findings.--Consistent with the report
of the National Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists because
they must surface to pass through regulated channels, present
themselves to border security officials, or attempt to
circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas,
specific travel methods and routes, liaisons with corrupt
government officials, human smuggling networks, supportive
travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an
agency had done so, the agency could have discovered the ways in
which the terrorist predecessors to al Qaeda had been
[[Page 3809]]
118 STAT. 3809
systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their
characteristic travel documents and travel patterns could have
allowed authorities to intercept some of the hijackers and a
more effective use of information available in government
databases could have identified some of the hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda's planning and
opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into the
front lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has produced
useful results and should be expanded.
(b) NOTE: 50 USC 404o note. Deadline. Reports. Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the National
Counterterrorism Center shall submit to Congress unclassified
and classified versions of a strategy for combining terrorist
travel intelligence, operations, and law enforcement into a
cohesive effort to intercept terrorists, find terrorist travel
facilitators, and constrain terrorist mobility domestically and
internationally. The report to Congress should include a
description of the actions taken to implement the strategy and
an assessment regarding vulnerabilities within the United States
and foreign travel systems that may be exploited by
international terrorists, human smugglers and traffickers, and
their facilitators.
(2) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies.
(3) Contents.--The strategy may address--
(A) a program for collecting, analyzing,
disseminating, and utilizing information and
intelligence regarding terrorist travel tactics and
methods, and outline which Federal intelligence,
diplomatic, and law enforcement agencies will be held
accountable for implementing each element of the
strategy;
(B) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify
and disrupt terrorist travel tactics, practices,
patterns, and trends, and the terrorist travel
facilitators, document forgers, human smugglers, travel
agencies, and corrupt border and transportation
officials who assist terrorists;
(C) the training and training materials required by
consular, border, and immigration officials to
effectively detect and disrupt terrorist travel
described under subsection (c)(3);
(D) the new technology and procedures required and
actions to be taken to integrate existing
counterterrorist travel document and mobility
intelligence into border security processes, including
consular, port of entry, border patrol, maritime,
immigration benefits, and related law enforcement
activities;
[[Page 3810]]
118 STAT. 3810
(E) the actions required to integrate current
terrorist mobility intelligence into military force
protection measures;
(F) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for
purposes of combatting terrorist travel, including
further developing and expanding enforcement and
operational capabilities that address terrorist travel;
(G) the actions to be taken to aid in the sharing of
information between the frontline border agencies of the
Department of Homeland Security, the Department of
State, and classified and unclassified sources of
counterterrorist travel intelligence and information
elsewhere in the Federal Government, including the Human
Smuggling and Trafficking Center;
(H) the development and implementation of procedures
to enable the National Counterterrorism Center, or its
designee, to timely receive terrorist travel
intelligence and documentation obtained at consulates
and ports of entry, and by law enforcement officers and
military personnel;
(I) the use of foreign and technical assistance to
advance border security measures and law enforcement
operations against terrorist travel facilitators;
(J) the feasibility of developing a program to
provide each consular, port of entry, and immigration
benefits office with a counterterrorist travel expert
trained and authorized to use the relevant
authentication technologies and cleared to access all
appropriate immigration, law enforcement, and
intelligence databases;
(K) the feasibility of digitally transmitting
suspect passport information to a central cadre of
specialists, either as an interim measure until such
time as experts described under subparagraph (J) are
available at consular, port of entry, and immigration
benefits offices, or otherwise;
(L) the development of a mechanism to ensure the
coordination and dissemination of terrorist travel
intelligence and operational information among the
Department of Homeland Security, the Department of
State, the National Counterterrorism Center, and other
appropriate agencies;
(M) granting consular officers and immigration
adjudicators, as appropriate, the security clearances
necessary to access law enforcement sensitive and
intelligence databases; and
(N) how to integrate travel document screening for
terrorism indicators into border screening, and how to
integrate the intelligence community into a robust
travel document screening process to intercept
terrorists.
(c) Frontline Counterterrorist Travel Technology and Training.--
(1) NOTE: Deadline. Technology acquisition and
dissemination plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit to
Congress a plan describing how the Department of Homeland
Security and the Department of State can acquire and deploy, to
the maximum
[[Page 3811]]
118 STAT. 3811
extent feasible, to all consulates, ports of entry, and
immigration benefits offices, technologies that facilitate
document authentication and the detection of potential terrorist
indicators on travel documents. To the extent possible,
technologies acquired and deployed under this plan shall be
compatible with systems used by the Department of Homeland
Security to detect fraudulent documents and identify genuine
documents.
(2) Contents of plan.--The plan submitted under paragraph
(1) shall--
(A) outline the timetable needed to acquire and
deploy the authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies; and
(ii) train personnel on use of these
technologies; and
(C) address the feasibility of using these
technologies to screen every passport or other
documentation described in section 7209(b) submitted for
identification purposes to a United States consular,
border, or immigration official.
(d) NOTE: 8 USC 1776. Training Program.--
(1) Review, evaluation, and revision of existing training
programs.--The Secretary of Homeland Security shall--
(A) review and evaluate the training regarding
travel and identity documents, and techniques, patterns,
and trends associated with terrorist travel that is
provided to personnel of the Department of Homeland
Security;
(B) in coordination with the Secretary of State,
review and evaluate the training described in
subparagraph (A) that is provided to relevant personnel
of the Department of State; and
(C) in coordination with the Secretary of State,
develop and implement an initial training and periodic
retraining program--
(i) to teach border, immigration, and consular
officials (who inspect or review travel or
identity documents as part of their official
duties) how to effectively detect, intercept, and
disrupt terrorist travel; and
(ii) to ensure that the officials described in
clause (i) regularly receive the most current
information on such matters and are periodically
retrained on the matters described in paragraph
(2).
(2) Required topics of revised programs.--The training
program developed under paragraph (1)(C) shall include training
in--
(A) methods for identifying fraudulent and genuine
travel documents;
(B) methods for detecting terrorist indicators on
travel documents and other relevant identity documents;
(C) recognition of travel patterns, tactics, and
behaviors exhibited by terrorists;
(D) effective utilization of information contained
in databases and data systems available to the
Department of Homeland Security; and
(E) other topics determined to be appropriate by the
Secretary of Homeland Security, in consultation with the
Secretary of State or the Director of National
Intelligence.
[[Page 3812]]
118 STAT. 3812
(3) Implementation.--
(A) Department of homeland security.--
(i) In general.--The Secretary of Homeland
Security shall provide all border and immigration
officials who inspect or review travel or identity
documents as part of their official duties with
the training described in paragraph (1)(C).
(ii) Report to congress.--Not later than 12
months after the date of enactment of this Act,
and annually thereafter for a period of 3 years,
the Secretary of Homeland Security shall submit a
report to Congress that--
(I) describes the number of border
and immigration officials who inspect or
review identity documents as part of
their official duties, and the
proportion of whom have received the
revised training program described in
paragraph (1)(C)(i);
(II) explains the reasons, if any,
for not completing the requisite
training described in paragraph
(1)(C)(i);
(III) provides a timetable for
completion of the training described in
paragraph (1)(C)(i) for those who have
not received such training; and
(IV) describes the status of
periodic retraining of appropriate
personnel described in paragraph
(1)(C)(ii).
(B) Department of state.--
(i) In general.--The Secretary of State shall
provide all consular officers who inspect or
review travel or identity documents as part of
their official duties with the training described
in paragraph (1)(C).
(ii) Report to congress.--Not later than 12
months after the date of enactment of this Act,
and annually thereafter for a period of 3 years,
the Secretary of State shall submit a report to
Congress that--
(I) describes the number of consular
officers who inspect or review travel or
identity documents as part of their
official duties, and the proportion of
whom have received the revised training
program described in paragraph
(1)(C)(i);
(II) explains the reasons, if any,
for not completing the requisite
training described in paragraph
(1)(C)(i);
(III) provides a timetable for
completion of the training described in
paragraph (1)(C)(i) for those who have
not received such training; and
(IV) describes the status of
periodic retraining of appropriate
personnel described in paragraph
(1)(C)(ii).
(4) Assistance to others.--The Secretary of Homeland
Security may assist States, Indian tribes, local governments,
and private organizations to establish training programs related
to terrorist travel intelligence.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary for
[[Page 3813]]
118 STAT. 3813
each of the fiscal years 2005 through 2009 to carry out the
provisions of this subsection.
(e) NOTE: 50 USC 403-1 note. Enhancing Classified
Counterterrorist Travel Efforts.--
(1) In general.--The Director of National Intelligence shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this subsection.
SEC. 7202. ESTABLISHMENT NOTE: 8 USC 1777. OF HUMAN SMUGGLING
AND TRAFFICKING CENTER.
(a) Establishment.--There is established a Human Smuggling and
Trafficking Center (referred to in this section as the ``Center'').
(b) Operation.--The Secretary of State, the Secretary of Homeland
Security, and the Attorney General shall operate the Center in
accordance with the Memorandum of Understanding entitled, ``Human
Smuggling and Trafficking Center (HSTC), Charter''.
(c) Functions.--In addition to such other responsibilities as the
President may assign, the Center shall--
(1) serve as the focal point for interagency efforts to
address terrorist travel;
(2) serve as a clearinghouse with respect to all relevant
information from all Federal Government agencies in support of
the United States strategy to prevent separate, but related,
issues of clandestine terrorist travel and facilitation of
migrant smuggling and trafficking of persons;
(3) ensure cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of the
Federal Government to improve effectiveness and to convert all
information available to the Federal Government relating to
clandestine terrorist travel and facilitation, migrant
smuggling, and trafficking of persons into tactical,
operational, and strategic intelligence that can be used to
combat such illegal activities; and
(4) NOTE: Reports. prepare and submit to Congress, on an
annual basis, a strategic assessment regarding vulnerabilities
in the United States and foreign travel system that may be
exploited by international terrorists, human smugglers and
traffickers, and their facilitators.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the President shall transmit to Congress a report regarding
the implementation of this section, including a description of the
staffing and resource needs of the Center.
(e) Relationship to the NCTC.--As part of its mission to combat
terrorist travel, the Center shall work to support the efforts of the
National Counterterrorism Center.
SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) Increased Number of Consular Officers.--The Secretary of State,
in each of fiscal years 2006 through 2009, may increase by 150 the
number of positions for consular officers above the number of such
positions for which funds were allotted for the preceding fiscal year.
[[Page 3814]]
118 STAT. 3814
(b) Limitation on Use of Foreign Nationals for Visa Screening.--
(1) Immigrant visas.--Section 222(b) of the Immigration and
Nationality Act (8 U.S.C. 1202(b)) is amended by adding at the
end the following: ``All immigrant visa applications shall be
reviewed and adjudicated by a consular officer.''.
(2) Nonimmigrant visas.--Section 222(d) of the Immigration
and Nationality Act (8 U.S.C. 1202(d)) is amended by adding at
the end the following: ``All nonimmigrant visa applications
shall be reviewed and adjudicated by a consular officer.''.
(c) Training for Consular Officers in Detection of Fraudulent
Documents.--Section 305(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the
end the following: ``In accordance with section 7201(d) of the 9/11
Commission Implementation Act of 2004, and as part of the consular
training provided to such officers by the Secretary of State, such
officers shall also receive training in detecting fraudulent documents
and general document forensics and shall be required as part of such
training to work with immigration officers conducting inspections of
applicants for admission into the United States at ports of entry.''.
(d) Assignment of Anti-Fraud Specialists.--
(1) Survey regarding document fraud.--The Secretary of
State, in coordination with the Secretary of Homeland Security,
shall conduct a survey of each diplomatic and consular post at
which visas are issued to assess the extent to which fraudulent
documents are presented by visa applicants to consular officers
at such posts.
(2) Requirement for specialist.--
(A) NOTE: Deadline. In general.--Not later than
July 31, 2005, the Secretary of State, in coordination
with the Secretary of Homeland Security, shall identify
the diplomatic and consular posts at which visas are
issued that experience the greatest frequency of
presentation of fraudulent documents by visa applicants.
The Secretary of State shall assign or designate at each
such post at least 1 full-time anti-fraud specialist
employed by the Department of State to assist the
consular officers at each such post in the detection of
such fraud.
(B) Exceptions.--The Secretary of State is not
required to assign or designate a specialist under
subparagraph (A) at a diplomatic or consular post if an
employee of the Department of Homeland Security, who has
sufficient training and experience in the detection of
fraudulent documents, is assigned on a full-time basis
to such post under section 428 of the Homeland Security
Act of 2002 (6 U.S.C. 236).
SEC. 7204. INTERNATIONAL NOTE: 22 USC 2656 note. AGREEMENTS TO
TRACK AND CURTAIL TERRORIST TRAVEL
THROUGH THE USE OF FRAUDULENTLY OBTAINED
DOCUMENTS.
(a) Findings.--Congress makes the following findings:
(1) International terrorists travel across international
borders to raise funds, recruit members, train for operations,
escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and carried out
the attack on the World Trade Center on February 26,
[[Page 3815]]
118 STAT. 3815
1993, the attack on the embassies of the United States in Kenya
and Tanzania on August 7, 1998, the attack on the USS Cole on
October 12, 2000, and the attack on the World Trade Center and
the Pentagon on September 11, 2001, traveled across
international borders to plan and carry out these attacks.
(3) The international terrorists who planned other attacks
on the United States, including the plot to bomb New York City
landmarks in 1993, the plot to bomb the New York City subway in
1997, and the millennium plot to bomb Los Angeles International
Airport on December 31, 1999, traveled across international
borders to plan and carry out these attacks.
(4) Many of the international terrorists who planned and
carried out large-scale attacks against foreign targets,
including the attack in Bali, Indonesia, on October 11, 2002,
and the attack in Madrid, Spain, on March 11, 2004, traveled
across international borders to plan and carry out these
attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World Trade Center
on February 26, 1993, the plot to bomb New York City landmarks
in 1993, and the millennium plot to bomb Los Angeles
International Airport on December 31, 1999, traveled on
fraudulent passports and often had more than 1 passport.
(6) Two of the September 11, 2001, hijackers were carrying
passports that had been manipulated in a fraudulent manner.
(7) The National Commission on Terrorist Attacks Upon the
United States, (commonly referred to as the 9/11 Commission),
stated that ``Targeting travel is at least as powerful a weapon
against terrorists as targeting their money.''.
(b) International Agreements To Track and Curtail Terrorist
Travel.--
(1) International agreement on lost, stolen, or falsified
documents.--The President should lead efforts to track and
curtail the travel of terrorists by supporting the drafting,
adoption, and implementation of international agreements, and
relevant United Nations Security Council resolutions to track
and stop international travel by terrorists and other criminals
through the use of lost, stolen, or falsified documents to
augment United Nations and other international anti-terrorism
efforts.
(2) Contents of international agreement.--The President
should seek, as appropriate, the adoption or full implementation
of effective international measures to--
(A) share information on lost, stolen, and
fraudulent passports and other travel documents for the
purposes of preventing the undetected travel of persons
using such passports and other travel documents that
were obtained improperly;
(B) establish and implement a real-time verification
system of passports and other travel documents with
issuing authorities;
(C) share with officials at ports of entry in any
such country information relating to lost, stolen, and
fraudulent passports and other travel documents;
(D) encourage countries--
(i) to criminalize--
[[Page 3816]]
118 STAT. 3816
(I) the falsification or
counterfeiting of travel documents or
breeder documents for any purpose;
(II) the use or attempted use of
false documents to obtain a visa or
cross a border for any purpose;
(III) the possession of tools or
implements used to falsify or
counterfeit such documents;
(IV) the trafficking in false or
stolen travel documents and breeder
documents for any purpose;
(V) the facilitation of travel by a
terrorist; and
(VI) attempts to commit, including
conspiracies to commit, the crimes
specified in subclauses (I) through (V);
(ii) to impose significant penalties to
appropriately punish violations and effectively
deter the crimes specified in clause (i); and
(iii) to limit the issuance of citizenship
papers, passports, identification documents, and
similar documents to persons--
(I) whose identity is proven to the
issuing authority;
(II) who have a bona fide
entitlement to or need for such
documents; and
(III) who are not issued such
documents principally on account of a
disproportional payment made by them or
on their behalf to the issuing
authority;
(E) provide technical assistance to countries to
help them fully implement such measures; and
(F) permit immigration and border officials--
(i) to confiscate a lost, stolen, or falsified
passport at ports of entry;
(ii) to permit the traveler to return to the
sending country without being in possession of the
lost, stolen, or falsified passport; and
(iii) to detain and investigate such traveler
upon the return of the traveler to the sending
country.
(3) International civil aviation organization.--The United
States shall lead efforts to track and curtail the travel of
terrorists by supporting efforts at the International Civil
Aviation Organization to continue to strengthen the security
features of passports and other travel documents.
(c) NOTE: President. Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and at least annually thereafter, the
President shall submit to the appropriate congressional
committees a report on progress toward achieving the goals
described in subsection (b).
(2) NOTE: Certification. Termination.--Paragraph (1)
shall cease to be effective when the President certifies to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the goals described in subsection (b) have been
fully achieved.
[[Page 3817]]
118 STAT. 3817
SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES
INTO THE ROMAN ALPHABET FOR
INTERNATIONAL TRAVEL DOCUMENTS AND NAME-
BASED WATCHLIST SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The current lack of a single convention for translating
Arabic names enabled some of the 19 hijackers of aircraft used
in the terrorist attacks against the United States that occurred
on September 11, 2001, to vary the spelling of their names to
defeat name-based terrorist watchlist systems and to make more
difficult any potential efforts to locate them.
(2) Although the development and utilization of terrorist
watchlist systems using biometric identifiers will be helpful,
the full development and utilization of such systems will take
several years, and name-based terrorist watchlist systems will
always be useful.
(b) Sense of Congress.--It is the sense of Congress that the
President should seek to enter into an international agreement to
modernize and improve standards for the transliteration of names into
the Roman alphabet in order to ensure 1 common spelling for such names
for international travel documents and name-based watchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) In General.--Section 235A(b) of the Immigration and Nationality
Act (8 U.S.C. 1225a(b)) is amended--
(1) in the subsection heading, by inserting ``and
Immigration Security Initiative'' after ``Program'';
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(3) by adding at the end the
following: NOTE: Deadline. ``Beginning not later than
December 31, 2006, the number of airports selected for an
assignment under this subsection shall be at least 50.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security to carry out the
amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION NOTE: Deadline. REGARDING TECHNOLOGY
FOR VISA WAIVER PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State shall
certify to Congress which of the countries designated to participate in
the visa waiver program established under section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187) are developing a program to issue to
individuals seeking to enter that country pursuant to a visa issued by
that country, a machine readable visa document that is tamper-resistant
and incorporates biometric identification information that is verifiable
at its port of entry.
SEC. 7208. BIOMETRIC NOTE: 8 USC 1365b. ENTRY AND EXIT DATA
SYSTEM.
(a) Finding.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress finds that
completing a biometric entry and exit data system as expeditiously as
possible is an essential investment in efforts to protect the United
States by preventing the entry of terrorists.
[[Page 3818]]
118 STAT. 3818
(b) Definition.--In this section, the term ``entry and exit data
system'' means the entry and exit system required by applicable sections
of--
(1) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-205);
(3) the Visa Waiver Permanent Program Act (Public Law 106-
396);
(4) the Enhanced Border Security and Visa Entry Reform Act
of 2002 (Public Law 107-173); and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
(c) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland Security
shall develop a plan to accelerate the full implementation of an
automated biometric entry and exit data system.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which shall
contain--
(A) a description of the current functionality of
the entry and exit data system, including--
(i) a listing of ports of entry and other
Department of Homeland Security and Department of
State locations with biometric entry data systems
in use and whether such screening systems are
located at primary or secondary inspection areas;
(ii) a listing of ports of entry and other
Department of Homeland Security and Department of
State locations with biometric exit data systems
in use;
(iii) a listing of databases and data systems
with which the entry and exit data system are
interoperable;
(iv) a description of--
(I) identified deficiencies
concerning the accuracy or integrity of
the information contained in the entry
and exit data system;
(II) identified deficiencies
concerning technology associated with
processing individuals through the
system; and
(III) programs or policies planned
or implemented to correct problems
identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the
entry and exit data system in fulfilling its
intended purposes, including preventing terrorists
from entering the United States;
(B) a description of factors relevant to the
accelerated implementation of the biometric entry and
exit data system, including--
(i) the earliest date on which the Secretary
estimates that full implementation of the
biometric entry and exit data system can be
completed;
(ii) the actions the Secretary will take to
accelerate the full implementation of the
biometric entry and
[[Page 3819]]
118 STAT. 3819
exit data system at all ports of entry through
which all aliens must pass that are legally
required to do so; and
(iii) the resources and authorities required
to enable the Secretary to meet the implementation
date described in clause (i);
(C) a description of any improvements needed in the
information technology employed for the biometric entry
and exit data system;
(D) a description of plans for improved or added
interoperability with any other databases or data
systems; and
(E) a description of the manner in which the
Department of Homeland Security's US-VISIT program--
(i) meets the goals of a comprehensive entry
and exit screening system, including both entry
and exit biometric; and
(ii) fulfills the statutory obligations under
subsection (b).
(d) Collection of Biometric Exit Data.--The entry and exit data
system shall include a requirement for the collection of biometric exit
data for all categories of individuals who are required to provide
biometric entry data, regardless of the port of entry where such
categories of individuals entered the United States.
(e) Integration and Interoperability.--
(1) NOTE: Deadline. Integration of data system.--Not
later than 2 years after the date of enactment of this Act, the
Secretary shall fully integrate all databases and data systems
that process or contain information on aliens, which are
maintained by--
(A) the Department of Homeland Security, at--
(i) the United States Immigration and Customs
Enforcement;
(ii) the United States Customs and Border
Protection; and
(iii) the United States Citizenship and
Immigration Services;
(B) the Department of Justice, at the Executive
Office for Immigration Review; and
(C) the Department of State, at the Bureau of
Consular Affairs.
(2) Interoperable component.--The fully integrated data
system under paragraph (1) shall be an interoperable component
of the entry and exit data system.
(3) NOTE: Deadline. Interoperable data system.--Not
later than 2 years after the date of enactment of this Act, the
Secretary shall fully implement an interoperable electronic data
system, as required by section 202 of the Enhanced Border
Security and Visa Entry Reform Act (8 U.S.C. 1722) to provide
current and immediate access to information in the databases of
Federal law enforcement agencies and the intelligence community
that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(f) Maintaining Accuracy and Integrity of Entry and Exit Data
System.--
(1) Policies and procedures.--
[[Page 3820]]
118 STAT. 3820
(A) Establishment.--The Secretary of Homeland
Security shall establish rules, guidelines, policies,
and operating and auditing procedures for collecting,
removing, and updating data maintained in, and adding
information to, the entry and exit data system that
ensure the accuracy and integrity of the data.
(B) Training.--The Secretary shall develop training
on the rules, guidelines, policies, and procedures
established under subparagraph (A), and on immigration
law and procedure. All personnel authorized to access
information maintained in the databases and data system
shall receive such training.
(2) Data collected from foreign nationals.--The Secretary of
Homeland Security, the Secretary of State, and the Attorney
General, after consultation with directors of the relevant
intelligence agencies, shall standardize the information and
data collected from foreign nationals, and the procedures
utilized to collect such data, to ensure that the information is
consistent and valuable to officials accessing that data across
multiple agencies.
(3) Data maintenance procedures.--Heads of agencies that
have databases or data systems linked to the entry and exit data
system shall establish rules, guidelines, policies, and
operating and auditing procedures for collecting, removing, and
updating data maintained in, and adding information to, such
databases or data systems that ensure the accuracy and integrity
of the data and for limiting access to the information in the
databases or data systems to authorized personnel.
(4) Requirements.--The rules, guidelines, policies, and
procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors in a timely and
effective manner;
(ii) determining which government officer
provided data so that the accuracy of the data can
be ascertained; and
(iii) clarifying information known to cause
false hits or misidentification errors;
(B) include procedures for individuals to--
(i) seek corrections of data contained in the
databases or data systems; and
(ii) appeal decisions concerning data
contained in the databases or data systems;
(C) strictly limit the agency personnel authorized
to enter data into the system;
(D) identify classes of information to be designated
as temporary or permanent entries, with corresponding
expiration dates for temporary entries; and
(E) identify classes of prejudicial information
requiring additional authority of supervisory personnel
before entry.
(5) Centralizing and streamlining correction process.--
(A) NOTE: President. Establishment. In
general.--The President, or agency director designated
by the President, shall establish a clearinghouse bureau
in the Department of Homeland Security, to centralize
and streamline the process through which members of the
public can seek corrections to erroneous or inaccurate
[[Page 3821]]
118 STAT. 3821
information contained in agency databases, which is
related to immigration status, or which otherwise
impedes lawful admission to the United States.
(B) Time schedules.--The process described in
subparagraph (A) shall include specific time schedules
for reviewing data correction requests, rendering
decisions on such requests, and implementing appropriate
corrective action in a timely manner.
(g) Integrated Biometric Entry-Exit Screening System.--The biometric
entry and exit data system shall facilitate efficient immigration
benefits processing by--
(1) ensuring that the system's tracking capabilities
encompass data related to all immigration benefits processing,
including--
(A) visa applications with the Department of State;
(B) immigration related filings with the Department
of Labor;
(C) cases pending before the Executive Office for
Immigration Review; and
(D) matters pending or under investigation before
the Department of Homeland Security;
(2) utilizing a biometric based identity number tied to an
applicant's biometric algorithm established under the entry and
exit data system to track all immigration related matters
concerning the applicant;
(3) providing that--
(A) all information about an applicant's immigration
related history, including entry and exit history, can
be queried through electronic means; and
(B) database access and usage guidelines include
stringent safeguards to prevent misuse of data;
(4) providing real-time updates to the information described
in paragraph (3)(A), including pertinent data from all agencies
referred to in paragraph (1); and
(5) providing continuing education in counterterrorism
techniques, tools, and methods for all Federal personnel
employed in the evaluation of immigration documents and
immigration-related policy.
(h) Entry-Exit System Goals.--The Department of Homeland Security
shall operate the biometric entry and exit system so that it--
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel with adequate
real-time information;
(4) ensures flexibility of training and security protocols
to most effectively comply with security mandates;
(5) integrates relevant databases and plans for database
modifications to address volume increase and database usage; and
(6) improves database search capacities by utilizing
language algorithms to detect alternate names.
(i) Dedicated Specialists and Front Line Personnel Training.--In
implementing the provisions of subsections (g) and (h), the Department
of Homeland Security and the Department of State shall--
[[Page 3822]]
118 STAT. 3822
(1) develop cross-training programs that focus on the scope
and procedures of the entry and exit data system;
(2) provide extensive community outreach and education on
the entry and exit data system's procedures;
(3) provide clear and consistent eligibility guidelines for
applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law to
improve adjudications at our ports of entry, consulates, and
embassies.
(j) Compliance Status Reports.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security, the
Secretary of State, the Attorney General, and the head of any other
department or agency subject to the requirements of this section, shall
issue individual status reports and a joint status report detailing the
compliance of the department or agency with each requirement under this
section.
(k) Expediting Registered Travelers Across International Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(A) Expediting the travel of previously screened and
known travelers across the borders of the United States
should be a high priority.
(B) The process of expediting known travelers across
the borders of the United States can permit inspectors
to better focus on identifying terrorists attempting to
enter the United States.
(2) Definition.--In this subsection, the term ``registered
traveler program'' means any program designed to expedite the
travel of previously screened and known travelers across the
borders of the United States.
(3) Registered travel program.--
(A) In general.--As soon as is practicable, the
Secretary shall develop and implement a registered
traveler program to expedite the processing of
registered travelers who enter and exit the United
States.
(B) Participation.--The registered traveler program
shall include as many participants as practicable by--
(i) minimizing the cost of enrollment;
(ii) making program enrollment convenient and
easily accessible; and
(iii) providing applicants with clear and
consistent eligibility guidelines.
(C) Integration.--The registered traveler program
shall be integrated into the automated biometric entry
and exit data system described in this section.
(D) Review and evaluation.--In developing the
registered traveler program, the Secretary shall--
(i) review existing programs or pilot projects
designed to expedite the travel of registered
travelers across the borders of the United States;
(ii) evaluate the effectiveness of the
programs described in clause (i), the costs
associated with such programs, and the costs to
travelers to join such programs;
[[Page 3823]]
118 STAT. 3823
(iii) increase research and development
efforts to accelerate the development and
implementation of a single registered traveler
program; and
(iv) review the feasibility of allowing
participants to enroll in the registered traveler
program at consular offices.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the Department's progress on the development
and implementation of the registered traveler program.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary, for each of the fiscal years 2005 through
2009, such sums as may be necessary to carry out the provisions of this
section.
SEC. 7209. NOTE: 8 USC 1185 note. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification.
(2) The planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities.
(3) Additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
develop and implement a plan as expeditiously as possible to
require a passport or other document, or combination of
documents, deemed by the Secretary of Homeland Security to be
sufficient to denote identity and citizenship, for all travel
into the United States by United States citizens and by
categories of individuals for whom documentation requirements
have previously been waived under section 212(d)(4)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)). NOTE: Deadline. This plan shall be
implemented not later than January 1, 2008, and shall seek to
expedite the travel of frequent travelers, including those who
reside in border communities, and in doing so, shall make
readily available a registered traveler program (as described in
section 7208(k)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom documentation
requirements have previously been waived under section
212(d)(4)(B) of such Act, to carry and produce the documentation
described in paragraph (1) when traveling from foreign countries
into the United States.
(c) Technical and Conforming Amendments.--After the complete
implementation of the plan described in subsection (b)--
(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section
212(d)(4)(B) of such Act to waive documentary requirements for
travel into the United States; and
[[Page 3824]]
118 STAT. 3824
(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or
entering, or attempting to depart from or enter, the United
States except--
(A) where the Secretary of Homeland Security
determines that the alternative documentation that is
the basis for the waiver of the documentary requirement
is sufficient to denote identity and citizenship;
(B) in the case of an unforeseen emergency in
individual cases; or
(C) in the case of humanitarian or national interest
reasons in individual cases.
(d) Transit Without Visa Program.--The Secretary of State shall not
use any authorities granted under section 212(d)(4)(C) of such Act until
the Secretary, in conjunction with the Secretary of Homeland Security,
completely implements a security plan to fully ensure secure transit
passage areas to prevent aliens proceeding in immediate and continuous
transit through the United States from illegally entering the United
States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.
(a) NOTE: 8 USC 1225a note. Findings.--Consistent with the
report of the National Commission on Terrorist Attacks Upon the United
States, Congress makes the following findings:
(1) The exchange of terrorist information with other
countries, consistent with privacy requirements, along with
listings of lost and stolen passports, will have immediate
security benefits.
(2) The further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Government should exchange terrorist
information with trusted allies;
(2) the Federal Government should move toward real-time
verification of passports with issuing authorities;
(3) where practicable, the Federal Government should conduct
screening before a passenger departs on a flight destined for
the United States;
(4) the Federal Government should work with other countries
to ensure effective inspection regimes at all airports;
(5) the Federal Government should work with other countries
to improve passport standards and provide foreign assistance to
countries that need help making the transition to the global
standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other Federal agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the Secretary
of Homeland Security, working with other Federal agencies, shall
submit to the appropriate committees of Congress
[[Page 3825]]
118 STAT. 3825
a report on Federal efforts to collaborate with allies of the
United States in the exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such collaboration and
cooperation;
(B) progress made in screening passengers before
their departure to the United States; and
(C) efforts to work with other countries to
accomplish the goals described under this section.
(d) Preinspection at Foreign Airports.--
(1) In general.--Section 235A(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read as
follows:
``(4) NOTE: Deadline. Establishment. Subject to
paragraph (5), not later than January 1, 2008, the Secretary of
Homeland Security, in consultation with the Secretary of State,
shall establish preinspection stations in at least 25 additional
foreign airports, which the Secretary of Homeland Security, in
consultation with the Secretary of State, determines, based on
the data compiled under paragraph (3) and such other information
as may be available, would most effectively facilitate the
travel of admissible aliens and reduce the number of
inadmissible aliens, especially aliens who are potential
terrorists, who arrive from abroad by air at points of entry
within the United States. Such preinspection stations shall be
in addition to those established before September 30, 1996, or
pursuant to paragraph (1).''.
(2) Report.--Not later than June 30, 2006, the Secretary of
Homeland Security and the Secretary of State shall submit a
report on the progress being made in implementing the amendment
made by paragraph (1) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Foreign Relations of the
Senate;
(D) the Committee on International Relations of the
House of Representatives;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(F) the Select Committee on Homeland Security of the
House of Representatives (or any successor committee).
SEC. 7211. MINIMUM NOTE: 5 USC 301 note. STANDARDS FOR BIRTH
CERTIFICATES.
(a) Definition.--In this section, the term ``birth certificate''
means a certificate of birth--
(1) for an individual (regardless of where born)--
(A) who is a citizen or national of the United
States at birth; and
(B) whose birth is registered in the United States;
and
(2) that--
(A) is issued by a Federal, State, or local
government agency or authorized custodian of record and
produced from birth records maintained by such agency or
custodian of record; or
(B) is an authenticated copy, issued by a Federal,
State, or local government agency or authorized
custodian of
[[Page 3826]]
118 STAT. 3826
record, of an original certificate of birth issued by
such agency or custodian of record.
(b) Standards for Acceptance by Federal Agencies.--
(1) NOTE: Effective date. In general.--Beginning 2 years
after the promulgation of minimum standards under paragraph (3),
no Federal agency may accept a birth certificate for any
official purpose unless the certificate conforms to such
standards.
(2) State certification.--
(A) In general.--Each State shall certify to the
Secretary of Health and Human Services that the State is
in compliance with the requirements of this section.
(B) Frequency.--Certifications under subparagraph
(A) shall be made at such intervals and in such a manner
as the Secretary of Health and Human Services, with the
concurrence of the Secretary of Homeland Security and
the Commissioner of Social Security, may prescribe by
regulation.
(C) Compliance.--Each State shall ensure that units
of local government and other authorized custodians of
records in the State comply with this section.
(D) Audits.--The Secretary of Health and Human
Services may conduct periodic audits of each State's
compliance with the requirements of this section.
(3) NOTE: Deadline. Regulations. Minimum standards.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall by regulation
establish minimum standards for birth certificates for use by
Federal agencies for official purposes that--
(A) at a minimum, shall require certification of the
birth certificate by the State or local government
custodian of record that issued the certificate, and
shall require the use of safety paper or an alternative,
equally secure medium, the seal of the issuing custodian
of record, and other features designed to prevent
tampering, counterfeiting, or otherwise duplicating the
birth certificate for fraudulent purposes;
(B) shall establish requirements for proof and
verification of identity as a condition of issuance of a
birth certificate, with additional security measures for
the issuance of a birth certificate for a person who is
not the applicant;
(C) shall establish standards for the processing of
birth certificate applications to prevent fraud;
(D) may not require a single design to which birth
certificates issued by all States must conform; and
(E) shall accommodate the differences between the
States in the manner and form in which birth records are
stored and birth certificates are produced from such
records.
(4) Consultation with government agencies.--In promulgating
the standards required under paragraph (3), the Secretary of
Health and Human Services shall consult with--
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
[[Page 3827]]
118 STAT. 3827
(5) Extension of effective date.--The Secretary of Health
and Human Services may extend the date specified under paragraph
(1) for up to 2 years for birth certificates issued by a State
if the Secretary determines that the State made reasonable
efforts to comply with the date under paragraph (1) but was
unable to do so.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--
(A) NOTE: Effective date. In general.--Beginning
on the date a final regulation is promulgated under
subsection (b)(3), the Secretary of Health and Human
Services shall award grants to States to assist them in
conforming to the minimum standards for birth
certificates set forth in the regulation.
(B) Allocation of grants.--The Secretary shall award
grants to States under this paragraph based on the
proportion that the estimated average annual number of
birth certificates issued by a State applying for a
grant bears to the estimated average annual number of
birth certificates issued by all States.
(C) Minimum allocation.--Notwithstanding
subparagraph (B), each State shall receive not less than
0.5 percent of the grant funds made available under this
paragraph.
(2) Assistance in matching birth and death records.--
(A) In general.--The Secretary of Health and Human
Services, in coordination with the Commissioner of
Social Security and other appropriate Federal agencies,
shall award grants to States, under criteria established
by the Secretary, to assist States in--
(i) computerizing their birth and death
records;
(ii) developing the capability to match birth
and death records within each State and among the
States; and
(iii) noting the fact of death on the birth
certificates of deceased persons.
(B) Allocation of grants.--The Secretary shall award
grants to qualifying States under this paragraph based
on the proportion that the estimated annual average
number of birth and death records created by a State
applying for a grant bears to the estimated annual
average number of birth and death records originated by
all States.
(C) Minimum allocation.--Notwithstanding
subparagraph (B), each State shall receive not less than
0.5 percent of the grant funds made available under this
paragraph.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this section.
(e) Technical and Conforming Amendment.--Section 656 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (5 U.S.C.
301 note) is repealed.
SEC. 7212. DRIVER'S NOTE: 49 USC 30301 note. LICENSES AND
PERSONAL IDENTIFICATION CARDS.
(a) Definitions.--In this section:
(1) Driver's license.--The term ``driver's license'' means a
motor vehicle operator's license as defined in section 30301(5)
of title 49, United States Code.
[[Page 3828]]
118 STAT. 3828
(2) Personal identification card.--The term ``personal
identification card'' means an identification document (as
defined in section 1028(d)(3) of title 18, United States Code)
issued by a State.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--
(A) Limitation on acceptance.--No Federal agency may
accept, for any official purpose, a driver's license or
personal identification card newly issued by a State
more than 2 years after the promulgation of the minimum
standards under paragraph (2) unless the driver's
license or personal identification card conforms to such
minimum standards.
(B) Date for conformance.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, shall establish a date after which no
driver's license or personal identification card shall
be accepted by a Federal agency for any official purpose
unless such driver's license or personal identification
card conforms to the minimum standards established under
paragraph (2). The date shall be as early as the
Secretary determines it is practicable for the States to
comply with such date with reasonable efforts.
(C) State certification.--
(i) In general.--Each State shall certify to
the Secretary of Transportation that the State is
in compliance with the requirements of this
section.
(ii) Frequency.--Certifications under clause
(i) shall be made at such intervals and in such a
manner as the Secretary of Transportation, with
the concurrence of the Secretary of Homeland
Security, may prescribe by regulation.
(iii) Audits.--The Secretary of Transportation
may conduct periodic audits of each State's
compliance with the requirements of this section.
(2) NOTE: Deadline. Regulations. Minimum standards.--Not
later than 18 months after the date of enactment of this Act,
the Secretary of Transportation, in consultation with the
Secretary of Homeland Security, shall by regulation, establish
minimum standards for driver's licenses or personal
identification cards issued by a State for use by Federal
agencies for identification purposes that shall include--
(A) standards for documentation required as proof of
identity of an applicant for a driver's license or
personal identification card;
(B) standards for the verifiability of documents
used to obtain a driver's license or personal
identification card;
(C) standards for the processing of applications for
driver's licenses and personal identification cards to
prevent fraud;
(D) standards for information to be included on each
driver's license or personal identification card,
including--
(i) the person's full legal name;
(ii) the person's date of birth;
(iii) the person's gender;
(iv) the person's driver's license or personal
identification card number;
[[Page 3829]]
118 STAT. 3829
(v) a digital photograph of the person;
(vi) the person's address of principal
residence; and
(vii) the person's signature;
(E) standards for common machine-readable identity
information to be included on each driver's license or
personal identification card, including defined minimum
data elements;
(F) security standards to ensure that driver's
licenses and personal identification cards are--
(i) resistant to tampering, alteration, or
counterfeiting; and
(ii) capable of accommodating and ensuring the
security of a digital photograph or other unique
identifier; and
(G) a requirement that a State confiscate a driver's
license or personal identification card if any component
or security feature of the license or identification
card is compromised.
(3) Content of regulations.--The regulations required by
paragraph (2)--
(A) shall facilitate communication between the chief
driver licensing official of a State, an appropriate
official of a Federal agency and other relevant
officials, to verify the authenticity of documents, as
appropriate, issued by such Federal agency or entity and
presented to prove the identity of an individual;
(B) may not infringe on a State's power to set
criteria concerning what categories of individuals are
eligible to obtain a driver's license or personal
identification card from that State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes
with the full enforcement of State criteria concerning
the categories of individuals that are eligible to
obtain a driver's license or personal identification
card from that State;
(D) may not require a single design to which
driver's licenses or personal identification cards
issued by all States must conform; and
(E) shall include procedures and requirements to
protect the privacy rights of individuals who apply for
and hold driver's licenses and personal identification
cards.
(4) Negotiated rulemaking.--
(A) In general.--Before publishing the proposed
regulations required by paragraph (2) to carry out this
title, the Secretary of Transportation shall establish a
negotiated rulemaking process pursuant to subchapter IV
of chapter 5 of title 5, United States Code (5 U.S.C.
561 et seq.).
(B) Representation on negotiated rulemaking
committee.--Any negotiated rulemaking committee
established by the Secretary of Transportation pursuant
to subparagraph (A) shall include representatives from--
(i) among State offices that issue driver's
licenses or personal identification cards;
(ii) among State elected officials;
(iii) the Department of Homeland Security; and
(iv) among interested parties.
[[Page 3830]]
118 STAT. 3830
(C) Time requirement.--The process described in
subparagraph (A) shall be conducted in a timely manner
to ensure that--
(i) any recommendation for a proposed rule or
report is provided to the Secretary of
Transportation not later than 9 months after the
date of enactment of this Act and shall include an
assessment of the benefits and costs of the
recommendation; and
(ii) a final rule is promulgated not later
than 18 months after the date of enactment of this
Act.
(c) Grants to States.--
(1) NOTE: Effective date. Assistance in meeting federal
standards.--Beginning on the date a final regulation is
promulgated under subsection (b)(2), the Secretary of
Transportation shall award grants to States to assist them in
conforming to the minimum standards for driver's licenses and
personal identification cards set forth in the regulation.
(2) Allocation of grants.--The Secretary of Transportation
shall award grants to States under this subsection based on the
proportion that the estimated average annual number of driver's
licenses and personal identification cards issued by a State
applying for a grant bears to the average annual number of such
documents issued by all States.
(3) Minimum allocation.--Notwithstanding paragraph (2), each
State shall receive not less than 0.5 percent of the grant funds
made available under this subsection.
(d) Extension of Effective Date.--The Secretary of Transportation
may extend the date specified under subsection (b)(1)(A) for up to 2
years for driver's licenses issued by a State if the Secretary
determines that the State made reasonable efforts to comply with the
date under such subsection but was unable to do so.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for each of the fiscal
years 2005 through 2009, such sums as may be necessary to carry out this
section.
SEC. 7213. NOTE: 42 USC 405 note. SOCIAL SECURITY CARDS AND NUMBERS.
(a) NOTE: Deadlines. Security Enhancements.--The Commissioner of
Social Security shall--
(1) not later than 1 year after the date of enactment of
this Act--
(A) restrict the issuance of multiple replacement
social security cards to any individual to 3 per year
and 10 for the life of the individual, except that the
Commissioner may allow for reasonable exceptions from
the limits under this paragraph on a case-by-case basis
in compelling circumstances;
(B) establish minimum standards for the verification
of documents or records submitted by an individual to
establish eligibility for an original or replacement
social security card, other than for purposes of
enumeration at birth; and
(C) require independent verification of any birth
record submitted by an individual to establish
eligibility for a social security account number, other
than for purposes of enumeration at birth, except that
the Commissioner
[[Page 3831]]
118 STAT. 3831
may allow for reasonable exceptions from the requirement
for independent verification under this subparagraph on
a case by case basis in compelling circumstances; and
(2) notwithstanding section 205(r) of the Social Security
Act (42 U.S.C. 405(r)) and any agreement entered into
thereunder, not later than 18 months after the date of enactment
of this Act with respect to death indicators and not later than
36 months after the date of enactment of this Act with respect
to fraud indicators, add death and fraud indicators to the
social security number verification systems for employers, State
agencies issuing driver's licenses and identity cards, and other
verification routines that the Commissioner determines to be
appropriate.
(b) NOTE: Establishment. Interagency Security Task Force.--The
Commissioner of Social Security, in consultation with the Secretary of
Homeland Security, shall form an interagency task force for the purpose
of further improving the security of social security cards and numbers.
Not later NOTE: Deadline. than 18 months after the date of enactment
of this Act, the task force shall establish, and the Commissioner shall
provide for the implementation of, security requirements, including--
(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the
issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent
use or issuance of social security numbers and cards.
(c) Enumeration at Birth.--
(1) Improvement of application process.--As soon as
practicable after the date of enactment of this Act, the
Commissioner of Social Security shall undertake to make
improvements to the enumeration at birth program for the
issuance of social security account numbers to newborns. Such
improvements shall be designed to prevent--
(A) the assignment of social security account
numbers to unnamed children;
(B) the issuance of more than 1 social security
account number to the same child; and
(C) other opportunities for fraudulently obtaining a
social security account number.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Commissioner shall transmit
to each House of Congress a report specifying in detail the
extent to which the improvements required under paragraph (1)
have been made.
(d) Study Regarding Process for Enumeration at Birth.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commissioner of Social Security shall
conduct a study to determine the most efficient options for
ensuring the integrity of the process for enumeration at birth.
This study shall include an examination of available methods for
reconciling hospital birth records with birth registrations
submitted to agencies of States and political subdivisions
thereof and with information provided to the Commissioner as
part of the process for enumeration at birth.
(2) Report.--
[[Page 3832]]
118 STAT. 3832
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Commissioner shall
submit a report to the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate regarding the results of the study
conducted under paragraph (1).
(B) Contents.--The report submitted under
subparagraph (A) shall contain such recommendations for
legislative changes as the Commissioner considers
necessary to implement needed improvements in the
process for enumeration at birth.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner of Social Security for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT
NUMBERS ON DRIVER'S LICENSES OR MOTOR
VEHICLE REGISTRATIONS.
(a) In General.--Section 205(c)(2)(C)(vi) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting ``(I)'' after ``(vi)''; and
(2) by adding at the end the following new subclause:
``(II) Any State or political subdivision thereof (and any person
acting as an agent of such an agency or instrumentality), in the
administration of any driver's license or motor vehicle registration law
within its jurisdiction, may not display a social security account
number issued by the Commissioner of Social Security (or any derivative
of such number) on any driver's license, motor vehicle registration, or
personal identification card (as defined in section 7212(a)(2) of the 9/
11 Commission Implementation Act of 2004), or include, on any such
license, registration, or personal identification card, a magnetic
strip, bar code, or other means of communication which conveys such
number (or derivative thereof).''.
(b) NOTE: 42 USC 405 note. Effective Date.--The amendment made
by subsection (a)(2) shall apply with respect to licenses,
registrations, and identification cards issued or reissued 1 year after
the date of enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner of Social Security for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.
SEC. 7215. NOTE: 6 USC 123. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with the
Director of the National Counterterrorism Center, and consistent with
the strategy developed under section 7201, shall establish a program to
oversee the implementation of the Department's responsibilities with
respect to terrorist travel, including the analysis, coordination, and
dissemination of terrorist travel intelligence and operational
information--
(1) among appropriate subdivisions of the Department of
Homeland Security, including--
(A) the Bureau of Customs and Border Protection;
(B) United States Immigration and Customs
Enforcement;
(C) United States Citizenship and Immigration
Services;
[[Page 3833]]
118 STAT. 3833
(D) the Transportation Security Administration; and
(E) any other subdivision, as determined by the
Secretary; and
(2) between the Department of Homeland Security and other
appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
Section 1028(b)(4) of title 18, United States Code, is amended by
striking ``25 years'' and inserting ``30 years''.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) NOTE: Deadline. In General.--Not later than May 31, 2005,
the Secretary of State, in consultation with the Secretary of Homeland
Security, shall submit a report, containing the results of a study on
the subjects described in subsection (b), to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on International Relations of the House of
Representatives;
(5) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(6) the Select Committee on Homeland Security of the House
of Representatives (or any successor committee).
(b) Contents.--The study referred to in subsection (a) shall examine
the feasibility, cost, potential benefits, and relative importance to
the objectives of tracking suspected terrorists' travel, and
apprehending suspected terrorists, of establishing a system, in
coordination with other countries, through which border and visa
issuance officials have access in real-time to information on newly
issued passports to persons whose previous passports were allegedly lost
or stolen.
(c) Incentives.--The study described in subsection (b) shall make
recommendations on incentives that might be offered to encourage foreign
nations to participate in the initiatives described in subsection (b).
SEC. 7218. ESTABLISHMENT NOTE: 22 USC 4807. OF VISA AND
PASSPORT SECURITY PROGRAM IN THE
DEPARTMENT OF STATE.
(a) Establishment.--There is established, within the Bureau of
Diplomatic Security of the Department of State, the Visa and Passport
Security Program (in this section referred to as the ``Program'').
(b) Preparation of Strategic Plan.--
(1) In general.--The Assistant Secretary for Diplomatic
Security, in coordination with the appropriate officials of the
Bureau of Consular Affairs, the coordinator for
counterterrorism, the National Counterterrorism Center, and the
Department of Homeland Security, and consistent with the
strategy mandated by section 7201, shall ensure the preparation
of a strategic plan to target and disrupt individuals and
organizations, within the United States and in foreign
countries, that are involved in the fraudulent production,
distribution, use, or other similar activity--
(A) of a United States visa or United States
passport;
[[Page 3834]]
118 STAT. 3834
(B) of documents intended to help fraudulently
procure a United States visa or United States passport,
or other documents intended to gain unlawful entry into
the United States; or
(C) of passports and visas issued by foreign
countries intended to gain unlawful entry into the
United States.
(2) Emphasis.--The strategic plan shall--
(A) focus particular emphasis on individuals and
organizations that may have links to domestic terrorist
organizations or foreign terrorist organizations (as
such term is defined in section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189));
(B) require the development of a strategic training
course under the Antiterrorism Assistance Training (ATA)
program of the Department of State (or any successor or
related program) under chapter 8 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et
seq.) (or other relevant provisions of law) to train
participants in the identification of fraudulent
documents and the forensic detection of such documents
which may be used to obtain unlawful entry into the
United States; and
(C) determine the benefits and costs of providing
technical assistance to foreign governments to ensure
the security of passports, visas, and related documents
and to investigate, arrest, and prosecute individuals
who facilitate travel by the creation of false passports
and visas, documents to obtain such passports and visas,
and other types of travel documents.
(c) Program.--
(1) Individual in charge.--
(A) Designation.--The Assistant Secretary for
Diplomatic Security shall designate an individual to be
in charge of the Program.
(B) Qualification.--The individual designated under
subparagraph (A) shall have expertise and experience in
the investigation and prosecution of visa and passport
fraud.
(2) Program components.--The Program shall include the
following:
(A) Analysis of methods.--Analyze, in coordination
with other appropriate government agencies, methods used
by terrorists to travel internationally, particularly
the use of false or altered travel documents to
illegally enter foreign countries and the United States,
and consult with the Bureau of Consular Affairs and the
Secretary of Homeland Security on recommended changes to
the visa issuance process that could combat such
methods, including the introduction of new technologies
into such process.
(B) Identification of individuals and documents.--
Identify, in cooperation with the Human Trafficking and
Smuggling Center, individuals who facilitate travel by
the creation of false passports and visas, documents
used to obtain such passports and visas, and other types
of travel documents, and ensure that the appropriate
agency is notified for further investigation and
prosecution or, in the
[[Page 3835]]
118 STAT. 3835
case of such individuals abroad for which no further
investigation or prosecution is initiated, ensure that
all appropriate information is shared with foreign
governments in order to facilitate investigation,
arrest, and prosecution of such individuals.
(C) Identification of foreign countries needing
assistance.--Identify foreign countries that need
technical assistance, such as law reform, administrative
reform, prosecutorial training, or assistance to police
and other investigative services, to ensure passport,
visa, and related document security and to investigate,
arrest, and prosecute individuals who facilitate travel
by the creation of false passports and visas, documents
used to obtain such passports and visas, and other types
of travel documents.
(D) Inspection of applications.--Randomly inspect
visa and passport applications for accuracy, efficiency,
and fraud, especially at high terrorist threat posts, in
order to prevent a recurrence of the issuance of visas
to those who submit incomplete, fraudulent, or otherwise
irregular or incomplete applications.
(d) Report.--Not later than 90 days after the date on which the
strategy required under section 7201 is submitted to Congress, the
Assistant Secretary for Diplomatic Security shall submit to Congress a
report containing--
(1) a description of the strategic plan prepared under
subsection (b); and
(2) an evaluation of the feasibility of establishing civil
service positions in field offices of the Bureau of Diplomatic
Security to investigate visa and passport fraud, including an
evaluation of whether to allow diplomatic security agents to
convert to civil service officers to fill such positions.
SEC. 7219. NOTE: 8 USC 1202 note. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall
take effect on the date of enactment of this Act.
SEC. 7220. NOTE: 49 USC 44901 note. IDENTIFICATION STANDARDS.
(a) Proposed Standards.--
(1) In general.--The Secretary of Homeland Security--
(A) shall propose minimum standards for
identification documents required of domestic commercial
airline passengers for boarding an aircraft; and
(B) may, from time to time, propose minimum
standards amending or replacing standards previously
proposed and transmitted to Congress and approved under
this section.
(2) Submission to congress.--Not later than 6 months after
the date of enactment of this Act, the Secretary shall submit
the standards under paragraph (1)(A) to the Senate and the House
of Representatives on the same day while each House is in
session.
(3) Effective date.--Any proposed standards submitted to
Congress under this subsection shall take effect when an
approval resolution is passed by the House and the Senate under
the procedures described in subsection (b) and becomes law.
(b) Congressional Approval Procedures.--
[[Page 3836]]
118 STAT. 3836
(1) Rulemaking power.--This subsection is enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect to
the procedure to be followed in that House in the case
of such approval resolutions; and it supersedes other
rules only to the extent that they are inconsistent
therewith; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time, in
the same manner and to the same extent as in the case of
any other rule of that House.
(2) Approval resolution.--For the purpose of this
subsection, the term ``approval resolution'' means a joint
resolution of Congress, the matter after the resolving clause of
which is as follows: ``That the Congress approves the proposed
standards issued under section 7220 of the 9/11 Commission
Implementation Act of 2004, transmitted by the President to the
Congress on ______'', the blank space being filled in with the
appropriate date.
(3) NOTE: Deadline. Introduction.--Not later than the
first day of session following the day on which proposed
standards are transmitted to the House of Representatives and
the Senate under subsection (a), an approval resolution--
(A) shall be introduced (by request) in the House by
the Majority Leader of the House of Representatives, for
himself or herself and the Minority Leader of the House
of Representatives, or by Members of the House of
Representatives designated by the Majority Leader and
Minority Leader of the House; and
(B) shall be introduced (by request) in the Senate
by the Majority Leader of the Senate, for himself or
herself and the Minority Leader of the Senate, or by
Members of the Senate designated by the Majority Leader
and Minority Leader of the Senate.
(4) Prohibitions.--
(A) Amendments.--No amendment to an approval
resolution shall be in order in either the House of
Representatives or the Senate.
(B) Motions to suspend.--No motion to suspend the
application of this paragraph shall be in order in
either House, nor shall it be in order in either House
for the Presiding Officer to entertain a request to
suspend the application of this paragraph by unanimous
consent.
(5) Referral.--
(A) NOTE: Deadline. In general.--An approval
resolution shall be referred to the committees of the
House of Representatives and of the Senate with
jurisdiction. Each committee shall make its
recommendations to the House of Representatives or the
Senate, as the case may be, within 45 days after its
introduction. Except as provided in subparagraph (B), if
a committee to which an approval resolution has been
referred has not reported it at the close of the 45th
day
[[Page 3837]]
118 STAT. 3837
after its introduction, such committee shall be
automatically discharged from further consideration of
the resolution and it shall be placed on the appropriate
calendar.
(B) Final passage.--A vote on final passage of the
resolution shall be taken in each House on or before the
close of the 15th day after the resolution is reported
by the committee or committees of that House to which it
was referred, or after such committee or committees have
been discharged from further consideration of the
resolution.
(C) Computation of days.--For purposes of this
paragraph, in computing a number of days in either
House, there shall be excluded any day on which that
House is not in session.
(6) Coordination with action of other house.--If prior to
the passage by one House of an approval resolution of that
House, that House receives the same approval resolution from the
other House, then the procedure in that House shall be the same
as if no approval resolution has been received from the other
House, but the vote on final passage shall be on the approval
resolution of the other House.
(7) Floor consideration in the house of representatives.--
(A) Motion to proceed.--A motion in the House of
Representatives to proceed to the consideration of an
approval resolution shall be highly privileged and not
debatable. An amendment to the motion shall not be in
order, not shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed
to.
(B) Debate.--Debate in the House of Representatives
on an implementing bill or approval resolution shall be
limited to not more than 4 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion to further limit debate shall not
be debatable. It shall not be in order to move to
recommit an approval resolution or to move to reconsider
the vote by which an approval resolution is agreed to or
disagreed to.
(C) Motion to postpone.--Motions to postpone made in
the House of Representatives with respect to the
consideration of an approval resolution and motions to
proceed to the consideration of other business shall be
decided without debate.
(D) Appeals.--All appeals from the decisions of the
Chair relating to the application of the Rules of the
House of Representatives to the procedure relating to an
approval resolution shall be decided without debate.
(E) Rules of the house of representatives.--Except
to the extent specifically provided in subparagraphs (A)
through (D), consideration of an approval resolution
shall be governed by the Rules of the House of
Representatives applicable to other resolutions in
similar circumstances.
(8) Floor consideration in the Senate.--
(A) Motion to proceed.--A motion in the Senate to
proceed to the consideration of an approval resolution
shall be privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in
order
[[Page 3838]]
118 STAT. 3838
to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) Debate on resolution.--Debate in the Senate on
an approval resolution, and appeals in connection
therewith, shall be limited to not more than 10 hours,
which shall be equally divided between, and controlled
by, the Majority Leader and the Minority Leader, or
their designees.
(C) Debate on motions and appeals.--Debate in the
Senate on any debatable motion or appeal in connection
with an approval resolution shall be limited to not more
than 1 hour, which shall be equally divided between, and
controlled by, the mover and the manager of the
resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the
time in opposition thereto, shall be controlled by the
Minority Leader or designee. Such leaders, or either of
them, may, from time under their control on the passage
of an approval resolution, allot additional time to any
Senator during the consideration of any debatable motion
or appeal.
(D) Limit on debate.--A motion in the Senate to
further limit debate is not debatable. A motion to
recommit an approval resolution is not in order.
(c) Default Standards.--
(1) NOTE: Deadline. In general.--If the standards
proposed under subsection (a)(1)(A) are not approved pursuant to
the procedures described in subsection (b), then not later than
1 year after rejection by a vote of either House of Congress,
domestic commercial airline passengers seeking to board an
aircraft shall present, for identification purposes--
(A) a valid, unexpired passport;
(B) domestically issued documents that the Secretary
of Homeland Security designates as reliable for
identification purposes;
(C) any document issued by the Attorney General or
the Secretary of Homeland Security under the authority
of 1 of the immigration laws (as defined under section
101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)); or
(D) a document issued by the country of nationality
of any alien not required to possess a passport for
admission to the United States that the Secretary
designates as reliable for identifications purposes
(2) Exception.--The documentary requirements described in
paragraph (1)--
(A) shall not apply to individuals below the age of
17, or such other age as determined by the Secretary of
Homeland Security;
(B) may be waived by the Secretary of Homeland
Security in the case of an unforeseen medical emergency.
(d) NOTE: Deadline. Recommendation to Congress.--Not later than
1 year after the date of enactment of this Act, the Secretary of
Homeland Security shall recommend to Congress--
(1) categories of Federal facilities that the Secretary
determines to be at risk for terrorist attack and requiring
minimum identification standards for access to such facilities;
and
[[Page 3839]]
118 STAT. 3839
(2) appropriate minimum identification standards to gain
access to those facilities.
Subtitle C--National Preparedness
SEC. 7301. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist
attack.
(3) Key decisionmakers who are represented at the incident
command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) The incident command system also enables emergency
managers and first responders to manage, generate, receive,
evaluate, share, and use information.
(5) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(6) In Homeland Security Presidential Directive 5, the
President directed the Secretary of Homeland Security to develop
an incident command system, to be known as the National Incident
Management System (NIMS), and directed all Federal agencies to
make the adoption of NIMS a condition for the receipt of Federal
emergency preparedness assistance by States, territories,
tribes, and local governments beginning in fiscal year 2005.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States needs to implement the recommendations
of the National Commission on Terrorist Attacks Upon the United
States by adopting a unified incident command system and
significantly enhancing communications connectivity between and
among all levels of government agencies, emergency response
providers (as defined in section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101), and other organizations with emergency
response capabilities;
(2) the unified incident command system should enable
emergency managers and first responders to manage, generate,
receive, evaluate, share, and use information in the event of a
terrorist attack or a significant national disaster;
(3) emergency response agencies nationwide should adopt the
Incident Command System known as NIMS;
(4) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system based on
NIMS;
(5) the regular use of, and training in, NIMS by States and,
to the extent practicable, territories, tribes, and local
governments, should be a condition for receiving Federal
preparedness assistance; and
(6) the Secretary of Homeland Security should require, as a
further condition of receiving homeland security preparedness
funds from the Office of State and Local Government Coordination
and Preparedness, that grant applicants document
[[Page 3840]]
118 STAT. 3840
measures taken to fully and aggressively implement the Incident
Command System and unified command procedures.
SEC. 7302. NATIONAL NOTE: 42 USC 5196 note. CAPITAL REGION
MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--
The term ``authorized representative of the Federal Government''
means any individual or individuals designated by the President
with respect to the executive branch, the Chief Justice with
respect to the Federal judiciary, or the President of the Senate
and Speaker of the House of Representatives with respect to
Congress, or their designees, to request assistance under a
mutual aid agreement for an emergency or public service event.
(2) Chief operating officer.--The term ``chief operating
officer'' means the official designated by law to declare an
emergency in and for the locality of that chief operating
officer.
(3) Emergency.--The term ``emergency'' means a major
disaster or emergency declared by the President, or a state of
emergency declared by the mayor of the District of Columbia, the
Governor of the State of Maryland or the Commonwealth of
Virginia, or the declaration of a local emergency by the chief
operating officer of a locality, or their designees, that
triggers mutual aid under the terms of a mutual aid agreement.
(4) Employee.--The term ``employee'' means the employees of
the party, including its agents or authorized volunteers, who
are committed in a mutual aid agreement to prepare for or who
respond to an emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city,
or town within the State of Maryland or the Commonwealth of
Virginia and within the National Capital Region.
(6) Mutual aid agreement.--The term ``mutual aid agreement''
means an agreement, authorized under subsection (b), for the
provision of police, fire, rescue and other public safety and
health or medical services to any party to the agreement during
a public service event, an emergency, or pre-planned training
event.
(7) National capital region or region.--The term ``National
Capital Region'' or ``Region'' means the area defined under
section 2674(f)(2) of title 10, United States Code, and those
counties with a border abutting that area and any municipalities
therein.
(8) Party.--The term ``party'' means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, and any
of the localities duly executing a Mutual Aid Agreement under
this section.
(9) Public service event.--The term ``public service
event''--
(A) means any undeclared emergency, incident or
situation in preparation for or response to which the
mayor of the District of Columbia, an authorized
representative of the Federal Government, the Governor
of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer
of a locality in the National Capital Region, or their
designees, requests or provides assistance under a
Mutual Aid Agreement within the National Capital Region;
and
[[Page 3841]]
118 STAT. 3841
(B) includes Presidential inaugurations, public
gatherings, demonstrations and protests, and law
enforcement, fire, rescue, emergency health and medical
services, transportation, communications, public works
and engineering, mass care, and other support that
require human resources, equipment, facilities or
services supplemental to or greater than the requesting
jurisdiction can provide.
(10) State.--The term ``State'' means the State of Maryland,
the Commonwealth of Virginia, and the District of Columbia.
(11) Training.--The term ``training'' means emergency and
public service event-related exercises, testing, or other
activities using equipment and personnel to simulate performance
of any aspect of the giving or receiving of aid by National
Capital Region jurisdictions during emergencies or public
service events, such actions occurring outside actual emergency
or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The mayor of the District of Columbia, any
authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of a
locality, or their designees, acting within his or her
jurisdictional purview, may, in accordance with State law, enter
into, request or provide assistance under mutual aid agreements
with localities, the Washington Metropolitan Area Transit
Authority, the Metropolitan Washington Airports Authority, and
any other governmental agency or authority for--
(A) law enforcement, fire, rescue, emergency health
and medical services, transportation, communications,
public works and engineering, mass care, and resource
support in an emergency or public service event;
(B) preparing for, mitigating, managing, responding
to or recovering from any emergency or public service
event; and
(C) training for any of the activities described
under subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the
Commonwealth of Virginia are encouraged to facilitate the
ability of localities to enter into interstate mutual aid
agreements in the National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security
operations at special events of national significance
under section 3056(e) of title 18, United States Code,
or other law enforcement functions of the United States
Secret Service;
(B) does not diminish any authorities, express or
implied, of Federal agencies to enter into mutual aid
agreements in furtherance of their Federal missions; and
(C) does not--
(i) preclude any party from entering into
supplementary Mutual Aid Agreements with fewer
than all the parties, or with another party; or
(ii) affect any other agreement in effect
before the date of enactment of this Act among the
States
[[Page 3842]]
118 STAT. 3842
and localities, including the Emergency Management
Assistance Compact.
(4) Rights described.--Other than as described in this
section, the rights and responsibilities of the parties to a
mutual aid agreement entered into under this section shall be as
described in the mutual aid agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase
liability and indemnification insurance or become self insured
against claims arising under a mutual aid agreement authorized
under this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or
employees rendering aid or failing to render aid to the District
of Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a mutual aid
agreement authorized under this section, and any party or its
officers or employees engaged in training activities with
another party under such a mutual aid agreement, shall be liable
on account of any act or omission of its officers or employees
while so engaged or on account of the maintenance or use of any
related equipment, facilities, or supplies, but only to the
extent permitted under the laws and procedures of the State of
the party rendering aid.
(2) Actions.--Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of Virginia,
or a locality, or failure to render such aid or on account of
the maintenance or use of any related equipment, facilities, or
supplies may be brought only under the laws and procedures of
the State of the party rendering aid and only in the Federal or
State courts located therein. Actions against the United States
under this section may be brought only in Federal courts.
(3) Immunities.--This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(e) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment
of compensation and death benefits to injured members of the
emergency forces of that party and representatives of deceased
members of such forces if such members sustain injuries or are
killed while rendering aid to the District of Columbia, the
Federal Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, under a mutual aid agreement, or
engaged in training activities under a mutual aid agreement, in
the same manner and on the same terms as if the injury or death
were sustained within their own jurisdiction.
(2) Other state law.--No party shall be liable under the law
of any State other than its own for providing for the payment of
compensation and death benefits to injured
[[Page 3843]]
118 STAT. 3843
members of the emergency forces of that party and
representatives of deceased members of such forces if such
members sustain injuries or are killed while rendering aid to
the District of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, under a
mutual aid agreement or engaged in training activities under a
mutual aid agreement.
(f) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party evidencing
the meeting of qualifications for professional, mechanical, or other
skills and assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted by the receiving
jurisdiction to render aid involving such skill to meet a public service
event, emergency or training for any such events.
SEC. 7303. ENHANCEMENT NOTE: 6 USC 194. OF PUBLIC SAFETY
COMMUNICATIONS INTEROPERABILITY.
(a) Coordination of Public Safety Interoperable Communications
Programs.--
(1) Program.--The Secretary of Homeland Security, in
consultation with the Secretary of Commerce and the Chairman of
the Federal Communications Commission, shall establish a program
to enhance public safety interoperable communications at all
levels of government. Such program shall--
(A) establish a comprehensive national approach to
achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in
carrying out subparagraph (A);
(C) develop, in consultation with other appropriate
Federal agencies and State and local authorities,
appropriate minimum capabilities for communications
interoperability for Federal, State, and local public
safety agencies;
(D) accelerate, in consultation with other Federal
agencies, including the National Institute of Standards
and Technology, the private sector, and nationally
recognized standards organizations as appropriate, the
development of national voluntary consensus standards
for public safety interoperable communications,
recognizing--
(i) the value, life cycle, and technical
capabilities of existing communications
infrastructure;
(ii) the need for cross-border
interoperability between States and nations;
(iii) the unique needs of small, rural
communities; and
(iv) the interoperability needs for daily
operations and catastrophic events;
(E) encourage the development and implementation of
flexible and open architectures incorporating, where
possible, technologies that currently are commercially
available, with appropriate levels of security, for
short-term and long-term solutions to public safety
communications interoperability;
(F) assist other Federal agencies in identifying
priorities for research, development, and testing and
evaluation with regard to public safety interoperable
communications;
(G) identify priorities within the Department of
Homeland Security for research, development, and testing
and
[[Page 3844]]
118 STAT. 3844
evaluation with regard to public safety interoperable
communications;
(H) establish coordinated guidance for Federal grant
programs for public safety interoperable communications;
(I) provide technical assistance to State and local
public safety agencies regarding planning, acquisition
strategies, interoperability architectures, training,
and other functions necessary to achieve public safety
communications interoperability;
(J) develop and disseminate best practices to
improve public safety communications interoperability;
and
(K) develop appropriate performance measures and
milestones to systematically measure the Nation's
progress toward achieving public safety communications
interoperability, including the development of national
voluntary consensus standards.
(2) Office for interoperability and compatibility.--
(A) Establishment of office.--The Secretary may
establish an Office for Interoperability and
Compatibility within the Directorate of Science and
Technology to carry out this subsection.
(B) Functions.--If the Secretary establishes such
office, the Secretary shall, through such office--
(i) carry out Department of Homeland Security
responsibilities and authorities relating to the
SAFECOM Program; and
(ii) carry out section 510 of the Homeland
Security Act of 2002, as added by subsection (d).
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection--
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary shall report to the Congress on Department of
Homeland Security plans for accelerating the development of national
voluntary consensus standards for public safety interoperable
communications, a schedule of milestones for such development, and
achievements of such development.
(c) NOTE: Deadline. President. Canada. Mexico. International
Interoperability.--Not later than 18 months after the date of enactment
of this Act, the President shall establish a mechanism for coordinating
cross-border interoperability issues between--
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) High Risk Area Communications Capabilities.--Title V of the
Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by
adding at the end the following:
``SEC. 510. NOTE: 6 USC 321. URBAN AND OTHER HIGH RISK AREA
COMMUNICATIONS CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the Federal
Communications Commission and the Secretary of Defense, and with
appropriate governors, mayors, and other State and local
[[Page 3845]]
118 STAT. 3845
government officials, shall provide technical guidance, training, and
other assistance, as appropriate, to support the rapid establishment of
consistent, secure, and effective interoperable communications
capabilities in the event of an emergency in urban and other areas
determined by the Secretary to be at consistently high levels of risk
from terrorist attack.
``(b) Minimum Capabilities.--The interoperable communications
capabilities established under subsection (a) shall ensure the ability
of all levels of government agencies, emergency response providers (as
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)), and other organizations with emergency response capabilities--
``(1) to communicate with each other in the event of an
emergency; and
``(2) to have appropriate and timely access to the
Information Sharing Environment described in section 1016 of the
National Security Intelligence Reform Act of 2004.''.
(e) Multiyear Interoperability Grants.--
(1) Multiyear commitments.--In awarding grants to any State,
region, local government, or Indian tribe for the purposes of
enhancing interoperable communications capabilities for
emergency response providers, the Secretary may commit to
obligate Federal assistance beyond the current fiscal year,
subject to the limitations and restrictions in this subsection.
(2) Restrictions.--
(A) Time limit.--No multiyear interoperability
commitment may exceed 3 years in duration.
(B) Amount of committed funds.--The total amount of
assistance the Secretary has committed to obligate for
any future fiscal year under paragraph (1) may not
exceed $150,000,000.
(3) Letters of intent.--
(A) Issuance.--Pursuant to paragraph (1), the
Secretary may issue a letter of intent to an applicant
committing to obligate from future budget authority an
amount, not more than the Federal Government's share of
the project's cost, for an interoperability
communications project (including interest costs and
costs of formulating the project).
(B) Schedule.--A letter of intent under this
paragraph shall establish a schedule under which the
Secretary will reimburse the applicant for the Federal
Government's share of the project's costs, as amounts
become available, if the applicant, after the Secretary
issues the letter, carries out the project before
receiving amounts under a grant issued by the Secretary.
(C) Notice to secretary.--An applicant that is
issued a letter of intent under this subsection shall
notify the Secretary of the applicant's intent to carry
out a project pursuant to the letter before the project
begins.
(D) NOTE: Deadline. Notice to congress.--The
Secretary shall transmit a written notification to the
Congress no later than 3 days before the issuance of a
letter of intent under this section.
(E) Limitations.--A letter of intent issued under
this section is not an obligation of the Government
under section 1501 of title 31, United States Code, and
is not deemed
[[Page 3846]]
118 STAT. 3846
to be an administrative commitment for financing. An
obligation or administrative commitment may be made only
as amounts are provided in authorization and
appropriations laws.
(F) Statutory construction.--Nothing in this
subsection shall be construed--
(i) to prohibit the obligation of amounts
pursuant to a letter of intent under this
subsection in the same fiscal year as the letter
of intent is issued; or
(ii) to apply to, or replace, Federal
assistance intended for interoperable
communications that is not provided pursuant to a
commitment under this subsection.
(f) Interoperable Communications Plans.--Any applicant requesting
funding assistance from the Secretary for interoperable communications
for emergency response providers shall submit an Interoperable
Communications Plan to the Secretary for approval. Such a plan shall--
(1) describe the current state of communications
interoperability in the applicable jurisdictions among Federal,
State, and local emergency response providers and other relevant
private resources;
(2) describe the available and planned use of public safety
frequency spectrum and resources for interoperable
communications within such jurisdictions;
(3) describe how the planned use of spectrum and resources
for interoperable communications is compatible with surrounding
capabilities and interoperable communications plans of Federal,
State, and local governmental entities, military installations,
foreign governments, critical infrastructure, and other relevant
entities;
(4) include a 5-year plan for the dedication of Federal,
State, and local government and private resources to achieve a
consistent, secure, and effective interoperable communications
system, including planning, system design and engineering,
testing and technology development, procurement and
installation, training, and operations and maintenance; and
(5) describe how such 5-year plan meets or exceeds any
applicable standards and grant requirements established by the
Secretary.
(g) Definitions.--In this section:
(1) Interoperable communications.--The term ``interoperable
communications'' means the ability of emergency response
providers and relevant Federal, State, and local government
agencies to communicate with each other as necessary, through a
dedicated public safety network utilizing information technology
systems and radio communications systems, and to exchange voice,
data, or video with one another on demand, in real time, as
necessary.
(2) Emergency response providers.--The term ``emergency
response providers'' has the meaning that term has under section
2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(h) Clarification of Responsibility for Interoperable
Communications.--
[[Page 3847]]
118 STAT. 3847
(1) Under secretary for emergency preparedness and
response.--Section 502(7) of the Homeland Security Act of 2002
(6 U.S.C. 312(7)) is amended--
(A) by striking ``developing comprehensive programs
for developing interoperative communications technology,
and''; and
(B) by striking ``such'' and inserting
``interoperable communications''.
(2) Office for domestic preparedness.--Section 430(c) of
such Act (6 U.S.C. 238(c)) is amended--
(A) in paragraph (7) by striking ``and'' after the
semicolon;
(B) in paragraph (8) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments and
emergency response providers.''.
(i) Sense of Congress Regarding Interoperable Communications.--
(1) Finding.--The Congress finds that--
(A) many first responders working in the same
jurisdiction or in different jurisdictions cannot
effectively and efficiently communicate with one
another; and
(B) their inability to do so threatens the public's
safety and may result in unnecessary loss of lives and
property.
(2) Sense of congress.--It is the sense of Congress that
interoperable emergency communications systems and radios should
continue to be deployed as soon as practicable for use by the
first responder community, and that upgraded and new digital
communications systems and new digital radios must meet
prevailing national, voluntary consensus standards for
interoperability.
SEC. 7304. REGIONAL NOTE: 6 USC 194 note. MODEL STRATEGIC PLAN
PILOT PROJECTS.
(a) NOTE: Deadline. Pilot Projects.--Consistent with sections
302 and 430 of the Homeland Security Act of 2002 (6 U.S.C. 182, 238),
not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall establish not fewer than 2 pilot
projects in high threat urban areas or regions that are likely to
implement a national model strategic plan.
(b) Purposes.--The purposes of the pilot projects required by this
section shall be to develop a regional strategic plan to foster
interagency communication in the area in which it is established and
coordinate the gathering of all Federal, State, and local first
responders in that area, consistent with the national strategic plan
developed by the Department of Homeland Security.
(c) Selection Criteria.--In selecting urban areas for the location
of pilot projects under this section, the Secretary shall consider--
(1) the level of risk to the area, as determined by the
Department of Homeland Security;
(2) the number of Federal, State, and local law enforcement
agencies located in the area;
(3) the number of potential victims from a large scale
terrorist attack in the area; and
[[Page 3848]]
118 STAT. 3848
(4) such other criteria reflecting a community's risk and
vulnerability as the Secretary determines is appropriate.
(d) Interagency Assistance.--The Secretary of Homeland Security
shall consult with the Secretary of Defense as necessary for the
development of the pilot projects required by this section, including
examining relevant standards, equipment, and protocols in order to
improve interagency communication among first responders.
(e) Reports to Congress.--The Secretary of Homeland Security shall
submit to Congress--
(1) an interim report regarding the progress of the
interagency communications pilot projects required by this
section 6 months after the date of enactment of this Act; and
(2) a final report 18 months after that date of enactment.
(f) Funding.--There are authorized to be made available to the
Secretary of Homeland Security, such sums as may be necessary to carry
out this section.
SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Private sector organizations own 85 percent of the
Nation's critical infrastructure and employ the vast majority of
the Nation's workers.
(2) Preparedness in the private sector and public sector for
rescue, restart and recovery of operations should include, as
appropriate--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(3) The American National Standards Institute recommends a
voluntary national preparedness standard for the private sector
based on the existing American National Standard on Disaster/
Emergency Management and Business Continuity Programs (NFPA
1600), with appropriate modifications. This standard establishes
a common set of criteria and terminology for preparedness,
disaster management, emergency management, and business
continuity programs.
(4) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as
government entities.
(b) Sense of Congress on Private Sector Preparedness.--It is the
sense of Congress that the Secretary of Homeland Security should
promote, where appropriate, the adoption of voluntary national
preparedness standards such as the private sector preparedness standard
developed by the American National Standards Institute and based on the
National Fire Protection Association 1600 Standard on Disaster/Emergency
Management and Business Continuity Programs.
SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress makes the following findings:
(1) Under section 201 of the Homeland Security Act of 2002
(6 U.S.C 121), the Department of Homeland Security, through the
Under Secretary for Information Analysis and Infrastructure
Protection, has the responsibility--
[[Page 3849]]
118 STAT. 3849
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States;
(B) to identify priorities for protective and
supportive measures; and
(C) to develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States.
(2) Under Homeland Security Presidential Directive 7, issued
on December 17, 2003, the Secretary of Homeland Security was
given 1 year to develop a comprehensive plan to identify,
prioritize, and coordinate the protection of critical
infrastructure and key resources.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States recommended that the Secretary of
Homeland Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and
other institutions that need to be protected;
(B) develop plans to protect that infrastructure;
and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later than 180
days after the date of enactment of this Act, and in conjunction with
the reporting requirements of Public Law 108-330, the Secretary of
Homeland Security shall submit a report to Congress on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's
critical infrastructure;
(2) the adequacy of the Government's plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES
HOMELAND.
It is the sense of Congress that the Secretary of Defense should
regularly assess the adequacy of the plans and strategies of the United
States Northern Command with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all military and
paramilitary threats within the United States, should it be called upon
to do so by the President.
SEC. 7308. NOTE: 6 USC 194 note. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall
take effect on the date of enactment of this Act.
Subtitle D--Homeland Security
SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is the sense of Congress that Congress must pass legislation in
the first session of the 109th Congress to reform the system for
distributing grants to enhance State and local government prevention of,
preparedness for, and response to acts of terrorism.
[[Page 3850]]
118 STAT. 3850
SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 112(f)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) coordinating industry efforts, with respect to
functions of the Department of Homeland Security, to identify
private sector resources and capabilities that could be
effective in supplementing Federal, State, and local government
agency efforts to prevent or respond to a terrorist attack;
``(9) coordinating with the Directorate of Border and
Transportation Security and the Assistant Secretary for Trade
Development of the Department of Commerce on issues related to
the travel and tourism industries; and
``(10) consulting with the Office of State and Local
Government Coordination and Preparedness on all matters of
concern to the private sector, including the tourism
industry.''.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION
SYSTEM.
(a) Study.--The Secretary of Homeland Security, in coordination with
the Chairman of the Federal Communications Commission, and in
consultation with the heads of other appropriate Federal agencies and
representatives of providers and participants in the telecommunications
industry, shall conduct a study to determine whether it is cost-
effective, efficient, and feasible to establish and implement an
emergency telephonic alert notification system that will--
(1) alert persons in the United States of imminent or
current hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding appropriate
measures that may be undertaken to alleviate or minimize threats
to their safety and welfare posed by such events.
(b) Technologies To Consider.--In conducting the study, the
Secretary shall consider the use of the telephone, wireless
communications, and other existing communications networks to provide
such notification.
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall submit to Congress a report regarding the
conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN
DIGITAL AGE.
(a) Pilot Study.--The Secretary of Homeland Security, from funds
made available for improving the national system to notify the general
public in the event of a terrorist attack, and in consultation with the
Attorney General, the Secretary of Transportation, the heads of other
appropriate Federal agencies, the National Association of State Chief
Information Officers, and other stakeholders with respect to public
warning systems, shall conduct a pilot study under which the Secretary
of Homeland Security may issue public warnings regarding threats to
homeland security using a warning system that is similar to the AMBER
Alert communications network.
[[Page 3851]]
118 STAT. 3851
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to Congress a
report regarding the findings, conclusions, and recommendations of the
pilot study.
(c) Prohibition on Use of Highway Trust Fund.--No funds derived from
the Highway Trust Fund may be transferred to, made available to, or
obligated by the Secretary of Homeland Security to carry out this
section.
SEC. 7405. NOTE: 6 USC 112 note. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there is
effective and ongoing coordination of Federal efforts to prevent,
prepare for, and respond to acts of terrorism and other major disasters
and emergencies among the divisions of the Department of Homeland
Security, including the Directorate of Emergency Preparedness and
Response and the Office for State and Local Government Coordination and
Preparedness.
SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
Section 611(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(2) by indenting paragraph (2) (as so redesignated); and
(3) by striking the subsection designation and heading and
inserting the following:
``(h) Emergency Preparedness Compacts.--(1) The Director shall
establish a program supporting the development of emergency preparedness
compacts for acts of terrorism, disasters, and emergencies throughout
the Nation, by--
``(A) identifying and cataloging existing emergency
preparedness compacts for acts of terrorism, disasters, and
emergencies at the State and local levels of government;
``(B) disseminating to State and local governments examples
of best practices in the development of emergency preparedness
compacts and models of existing emergency preparedness compacts,
including agreements involving interstate jurisdictions; and
``(C) completing an inventory of Federal response
capabilities for acts of terrorism, disasters, and emergencies,
making such inventory available to appropriate Federal, State,
and local government officials, and ensuring that such inventory
is as current and accurate as practicable.''.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) Amendment.--Section 878 of the Homeland Security Act of 2002 (6
U.S.C. 458) is amended to read as follows:
``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
``(a) NOTE: Establishment. President. Congress. Office.--There
is established in the Department an Office of Counternarcotics
Enforcement, which shall be headed by a Director appointed by the
President, by and with the advice and consent of the Senate.
``(b) Assignment of Personnel.--
``(1) In general.--The Secretary shall assign permanent
staff to the Office, consistent with effective management of
Department resources.
[[Page 3852]]
118 STAT. 3852
``(2) Liaisons.--The Secretary shall designate senior
employees from each appropriate subdivision of the Department
that has significant counternarcotics responsibilities to act as
a liaison between that subdivision and the Office of
Counternarcotics Enforcement.
``(c) Limitation on Concurrent Employment.--Except as provided in
subsection (d), the Director of the Office of Counternarcotics
Enforcement shall not be employed by, assigned to, or serve as the head
of, any other branch of the Federal Government, any State or local
government, or any subdivision of the Department other than the Office
of Counternarcotics Enforcement.
``(d) Eligibility To Serve as the United States Interdiction
Coordinator.--The Director of the Office of Counternarcotics Enforcement
may be appointed as the United States Interdiction Coordinator by the
Director of the Office of National Drug Control Policy, and shall be the
only person at the Department eligible to be so appointed.
``(e) Responsibilities.--The Secretary shall direct the Director of
the Office of Counternarcotics Enforcement--
``(1) to coordinate policy and operations within the
Department, between the Department and other Federal departments
and agencies, and between the Department and State and local
agencies with respect to stopping the entry of illegal drugs
into the United States;
``(2) to ensure the adequacy of resources within the
Department for stopping the entry of illegal drugs into the
United States;
``(3) to recommend the appropriate financial and personnel
resources necessary to help the Department better fulfill its
responsibility to stop the entry of illegal drugs into the
United States;
``(4) within the Joint Terrorism Task Force construct to
track and sever connections between illegal drug trafficking and
terrorism; and
``(5) to be a representative of the Department on all task
forces, committees, or other entities whose purpose is to
coordinate the counternarcotics enforcement activities of the
Department and other Federal, State or local agencies.
``(f) Savings Clause.--Nothing in this section shall be construed to
authorize direct control of the operations conducted by the Directorate
of Border and Transportation Security, the Coast Guard, or joint
terrorism task forces.
``(g) Reports to Congress.--
``(1) Annual budget review.--The Director of the Office of
Counternarcotics Enforcement shall, not later than 30 days after
the submission by the President to Congress of any request for
expenditures for the Department, submit to the Committees on
Appropriations and the authorizing committees of jurisdiction of
the House of Representatives and the Senate a review and
evaluation of such request. The review and evaluation shall--
``(A) identify any request or subpart of any request
that affects or may affect the counternarcotics
activities of the Department or any of its subdivisions,
or that affects the ability of the Department or any
subdivision of the Department to meet its responsibility
to stop the entry of illegal drugs into the United
States;
[[Page 3853]]
118 STAT. 3853
``(B) describe with particularity how such requested
funds would be or could be expended in furtherance of
counternarcotics activities; and
``(C) compare such requests with requests for
expenditures and amounts appropriated by Congress in the
previous fiscal year.
``(2) NOTE: Deadline. Evaluation of counternarcotics
activities.--The Director of the Office of Counternarcotics
Enforcement shall, not later than February 1 of each year,
submit to the Committees on Appropriations and the authorizing
committees of jurisdiction of the House of Representatives and
the Senate a review and evaluation of the counternarcotics
activities of the Department for the previous fiscal year. The
review and evaluation shall--
``(A) describe the counternarcotics activities of
the Department and each subdivision of the Department
(whether individually or in cooperation with other
subdivisions of the Department, or in cooperation with
other branches of the Federal Government or with State
or local agencies), including the methods, procedures,
and systems (including computer systems) for collecting,
analyzing, sharing, and disseminating information
concerning narcotics activity within the Department and
between the Department and other Federal, State, and
local agencies;
``(B) describe the results of those activities,
using quantifiable data whenever possible;
``(C) state whether those activities were sufficient
to meet the responsibility of the Department to stop the
entry of illegal drugs into the United States, including
a description of the performance measures of
effectiveness that were used in making that
determination; and
``(D) recommend, where appropriate, changes to those
activities to improve the performance of the Department
in meeting its responsibility to stop the entry of
illegal drugs into the United States.
``(3) Classified or law enforcement sensitive information.--
Any content of a review and evaluation described in the reports
required in this subsection that involves information classified
under criteria established by an Executive order, or whose
public disclosure, as determined by the Secretary, would be
detrimental to the law enforcement or national security
activities of the Department or any other Federal, State, or
local agency, shall be presented to Congress separately from the
rest of the review and evaluation.''.
(b) Conforming Amendments.--Section 103(a) of the Homeland Security
Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) A Director of the Office of Counternarcotics
Enforcement.''.
(c) Authorization of Appropriations.--Of the amounts appropriated
for the Department of Homeland Security for Departmental management and
operations for fiscal year 2005, there is authorized up to $6,000,000 to
carry out section 878 of the Department of Homeland Security Act of
2002.
[[Page 3854]]
118 STAT. 3854
SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN
CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General.--Subtitle E of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 843. NOTE: 6 USC 413. USE OF COUNTERNARCOTICS ENFORCEMENT
ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
``(a) In General.--Each subdivision of the Department that is a
National Drug Control Program Agency shall include as one of the
criteria in its performance appraisal system, for each employee directly
or indirectly involved in the enforcement of Federal, State, or local
narcotics laws, the performance of that employee with respect to the
enforcement of Federal, State, or local narcotics laws, relying to the
greatest extent practicable on objective performance measures,
including--
``(1) the contribution of that employee to seizures of
narcotics and arrests of violators of Federal, State, or local
narcotics laws; and
``(2) the degree to which that employee cooperated with or
contributed to the efforts of other employees, either within the
Department or other Federal, State, or local agencies, in
counternarcotics enforcement.
``(b) Definitions.--For purposes of this section--
``(1) the term `National Drug Control Program Agency'
means--
``(A) a National Drug Control Program Agency, as
defined in section 702(7) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (as last in
effect); and
``(B) any subdivision of the Department that has a
significant counternarcotics responsibility, as
determined by--
``(i) the counternarcotics officer, appointed
under section 878; or
``(ii) if applicable, the counternarcotics
officer's successor in function (as determined by
the Secretary); and
``(2) the term `performance appraisal system' means a system
under which periodic appraisals of job performance of employees
are made, whether under chapter 43 of title 5, United States
Code, or otherwise.''.
(b) Clerical Amendment.--The table of contents for the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 842 the following:
``Sec. 843. Use of counternarcotics enforcement activities in certain
employee performance appraisals.''.
Subtitle E--Public Safety Spectrum
SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
(a) Findings.--Congress finds the following:
(1) Congress granted television broadcasters additional 6
megahertz blocks of spectrum to transmit digital broadcasts
[[Page 3855]]
118 STAT. 3855
simultaneously with the analog broadcasts they submit on their
original 6 megahertz blocks of spectrum.
(2) Section 309(j)(14) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)) requires each television broadcaster to cease
analog transmissions and return 6 megahertz of spectrum not
later than--
(A) December 31, 2006; or
(B) the date on which more than 85 percent of the
television households in the market of such broadcaster
can view digital broadcast television channels using a
digital television, a digital-to-analog converter box,
cable service, or satellite service.
(3) Twenty-four megahertz of spectrum occupied by television
broadcasters has been earmarked for use by first responders as
soon as the television broadcasters return the spectrum
broadcasters being used to provide analog transmissions. This
spectrum would be ideal to provide first responders with
interoperable communications channels.
(4) Large parts of the vacated spectrum could be auctioned
for advanced commercial services, such as wireless broadband.
(5) The 85 percent penetration test described in paragraph
(2)(B) could delay the termination of analog television
broadcasts and the return of spectrum well beyond 2007,
hindering the use of that spectrum for these important public
safety and advanced commercial uses.
(6) While proposals to require broadcasters to return, on a
date certain, the spectrum earmarked for future public safety
use may improve the ability of public safety entities to begin
planning for use of this spectrum, such proposals have certain
deficiencies. The proposals would require the dislocation of up
to 75 broadcast stations, which also serve a critical public
safety function by broadcasting weather, traffic, disaster, and
other safety alerts. Such disparate treatment of broadcasters
would be unfair to the broadcasters and their respective
viewers. Requiring the return of all analog broadcast spectrum
by a date certain would have the benefit of addressing the
digital television transition in a comprehensive fashion that
treats all broadcasters and viewers equally, while freeing
spectrum for advanced commercial services.
(7) The Federal Communications Commission should consider
all regulatory means available to expedite the return of the
analog spectrum.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress must act to pass legislation in the first
session of the 109th Congress that establishes a comprehensive
approach to the timely return of analog broadcast spectrum as
early as December 31, 2006; and
(2) any delay in the adoption of the legislation described
in paragraph (1) will delay the ability of public safety
entities to begin planning to use this needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND
REQUIREMENTS.
(a) Allocations of Spectrum for Emergency Response Providers.--The
Federal Communications Commission shall, in consultation with the
Secretary of Homeland Security and the National Telecommunications and
Information Administration, conduct a
[[Page 3856]]
118 STAT. 3856
study to assess short-term and long-term needs for allocations of
additional portions of the electromagnetic spectrum for Federal, State,
and local emergency response providers, including whether or not an
additional allocation of spectrum in the 700 megahertz band should be
granted by Congress to such emergency response providers.
(b) Strategies To Meet Public Safety Telecommunications
Requirements.--The Secretary of Homeland Security shall, in consultation
with the Federal Communications Commission and the National
Telecommunications and Information Administration, conduct a study to
assess strategies that may be used to meet public safety
telecommunications needs, including--
(1) the need and efficacy of deploying nationwide
interoperable communications networks (including the potential
technical and operational standards and protocols for nationwide
interoperable broadband mobile communications networks that may
be used by Federal, State, regional, and local governmental and
nongovernmental public safety, homeland security, and other
emergency response personnel);
(2) the capacity of public safety entities to utilize
wireless broadband applications; and
(3) the communications capabilities of all emergency
response providers, including hospitals and health care workers,
and current efforts to promote communications coordination and
training among emergency response providers.
(c) Study Requirements.--In conducting the studies required by
subsections (a) and (b), the Secretary of Homeland Security and the
Federal Communications Commission shall--
(1) seek input from Federal, State, local, and regional
emergency response providers regarding the operation and
administration of a potential nationwide interoperable broadband
mobile communications network; and
(2) consider the use of commercial wireless technologies to
the greatest extent practicable.
(d) Reports.--(1) Not later than one year after the date of
enactment of this Act, the Federal Communications Commission (in the
case of the study required by subsection (a)) and the Secretary of
Homeland Security (in the case of the study required by subsection (b))
shall submit to the appropriate committees of Congress a report on such
study, including the findings of such study.
(2) In this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Energy and Commerce and the Select
Committee on Homeland Security of the House of Representatives.
Subtitle F--Presidential Transition
SEC. 7601. PRESIDENTIAL TRANSITION.
(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
[[Page 3857]]
118 STAT. 3857
``(v) Activities under this paragraph shall
include the preparation of a detailed classified,
compartmented summary by the relevant outgoing
executive branch officials of specific operational
threats to national security; major military or
covert operations; and pending decisions on
possible uses of military force. This summary
shall be provided to the President-elect as soon
as possible after the date of the general
elections held to determine the electors of
President and Vice President under section 1 or 2
of title 3, United States Code.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
``(f)(1) NOTE: President. The President-elect should submit to
the Federal Bureau of Investigation or other appropriate agency and
then, upon taking effect and designation, to the agency designated by
the President under section 115(b) of the National Intelligence Reform
Act of 2004, the names of candidates for high level national security
positions through the level of undersecretary of cabinet departments as
soon as possible after the date of the general elections held to
determine the electors of President and Vice President under section 1
or 2 of title 3, United States Code.
``(2) The responsible agency or agencies shall undertake and
complete as expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the individuals
who are candidates described under paragraph (1) before the date of the
inauguration of the President-elect as President and the inauguration of
the Vice-President-elect as Vice President.''.
(b) Sense of the Senate Regarding Expedited Consideration of
National Security Nominees.--It is the sense of the Senate that--
(1) the President-elect should submit the nominations of
candidates for high-level national security positions, through
the level of undersecretary of cabinet departments, to the
Senate by the date of the inauguration of the President-elect as
President; and
(2) for all such national security nominees received by the
date of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent possible,
complete their consideration of these nominations, and, if such
nominations are reported by the committees, the full Senate
should vote to confirm or reject these nominations, within 30
days of their submission.
(c) NOTE: 50 USC 435b note. Security Clearances for Transition
Team Members.--
(1) Definition.--In this section, the term ``major party''
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) In general.--Each major party candidate for President
may submit, before the date of the general election, requests
for security clearances for prospective transition team members
who will have a need for access to classified information to
carry out their responsibilities as members of the President-
elect's transition team.
(3) Completion date.--Necessary background investigations
and eligibility determinations to permit appropriate prospective
transition team members to have access to classified
[[Page 3858]]
118 STAT. 3858
information shall be completed, to the fullest extent
practicable, by the day after the date of the general election.
(d) NOTE: 3 USC 102 note. Effective Date.--Notwithstanding
section 351, this section and the amendments made by this section shall
take effect on the date of enactment of this Act.
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
SEC. 7701. IMPROVING NOTE: 31 USC 5311 note. INTERNATIONAL
STANDARDS AND COOPERATION TO FIGHT
TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
(1) The global war on terrorism and cutting off terrorist
financing is a policy priority for the United States and its
partners, working bilaterally and multilaterally through the
United Nations, the United Nations Security Council and its
committees, such as the 1267 and 1373 Committees, the Financial
Action Task Force (FATF), and various international financial
institutions, including the International Monetary Fund (IMF),
the International Bank for Reconstruction and Development
(IBRD), and the regional multilateral development banks, and
other multilateral fora.
(2) The international financial community has become engaged
in the global fight against terrorist financing. The Financial
Action Task Force has focused on the new threat posed by
terrorist financing to the international financial system,
resulting in the establishment of the FATF's Eight Special
Recommendations on Terrorist Financing as the international
standard on combating terrorist financing. The Group of Seven
and the Group of Twenty Finance Ministers are developing action
plans to curb the financing of terror. In addition, other
economic and regional fora, such as the Asia-Pacific Economic
Cooperation (APEC) Forum, and the Western Hemisphere Financial
Ministers, have been used to marshal political will and actions
in support of combating the financing of terrorism (CFT)
standards.
(3) FATF's Forty Recommendations on Money Laundering and the
Eight Special Recommendations on Terrorist Financing are the
recognized global standards for fighting money laundering and
terrorist financing. The FATF has engaged in an assessment
process for jurisdictions based on their compliance with these
standards.
(4) In March 2004, the IMF and IBRD Boards agreed to make
permanent a pilot program of collaboration with the FATF to
assess global compliance with the FATF Forty Recommendations on
Money Laundering and the Eight Special Recommendations on
Terrorist Financing. As a result, anti-money laundering (AML)
and combating the financing of terrorism (CFT) assessments are
now a regular part of their Financial Sector Assessment Program
(FSAP) and Offshore Financial Center assessments, which provide
for a comprehensive analysis of the strength of a jurisdiction's
financial system. These reviews assess potential systemic
vulnerabilities, consider sectoral development needs and
priorities, and review
[[Page 3859]]
118 STAT. 3859
the state of implementation of and compliance with key financial
codes and regulatory standards, among them the AML and CFT
standards.
(5) To date, 70 FSAPs have been conducted, with over 24 of
those incorporating AML and CFT assessments. The international
financial institutions (IFIs), the FATF, and the FATF-style
regional bodies together are expected to assess AML and CFT
regimes in up to 40 countries or jurisdictions per year. This
will help countries and jurisdictions identify deficiencies in
their AML and CFT regimes and help focus technical assistance
efforts.
(6) Technical assistance programs from the United States and
other nations, coordinated with the Department of State and
other departments and agencies, are playing an important role in
helping countries and jurisdictions address shortcomings in
their AML and CFT regimes and bringing their regimes into
conformity with international standards. Training is coordinated
within the United States Government, which leverages
multilateral organizations and bodies and international
financial institutions to internationalize the conveyance of
technical assistance.
(7) In fulfilling its duties in advancing incorporation of
AML and CFT standards into the IFIs as part of the IFIs' work on
protecting the integrity of the international monetary system,
the Department of the Treasury, under the guidance of the
Secretary of the Treasury, has effectively brought together all
of the key United States Government agencies. In particular,
United States Government agencies continue to work together to
foster broad support for this important undertaking in various
multilateral fora, and United States Government agencies
recognize the need for close coordination and communication
within our own Government.
(b) Sense of Congress Regarding Success in Multilateral
Organizations.--It is the sense of Congress that the Secretary of the
Treasury should continue to promote the dissemination of international
AML and CFT standards, and to press for full implementation of the FATF
40 + 8 Recommendations by all countries in order to curb financial risks
and hinder terrorist financing around the globe. The efforts of the
Secretary in this regard should include, where necessary or appropriate,
multilateral action against countries whose counter-money laundering
regimes and efforts against the financing of terrorism fall below
recognized international standards.
SEC. 7702. NOTE: 31 USC 5311 note. DEFINITIONS.
In this subtitle--
(1) the term ``international financial institutions'' has
the same meaning as in section 1701(c)(2) of the International
Financial Institutions Act;
(2) the term ``Financial Action Task Force'' means the
international policy-making and standard-setting body dedicated
to combating money laundering and terrorist financing that was
created by the Group of Seven in 1989; and
(3) the terms ``Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System'' and
``Interagency Paper'' mean the interagency paper prepared by the
Board of Governors of the Federal Reserve System, the
[[Page 3860]]
118 STAT. 3860
Comptroller of the Currency, and the Securities and Exchange
Commission that was announced in the Federal Register on April
8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE
SECRETARY OF THE TREASURY.
(a) Reporting Requirements.--Section 1503(a) of the International
Financial Institutions Act (22 U.S.C. 262o-2(a)) is amended by adding at
the end the following:
``(15) Work with the International Monetary Fund to--
``(A) foster strong global anti-money laundering
(AML) and combat the financing of terrorism (CFT)
regimes;
``(B) ensure that country performance under the
Financial Action Task Force anti-money laundering and
counterterrorist financing standards is effectively and
comprehensively monitored;
``(C) ensure note is taken of AML and CFT issues in
Article IV reports, International Monetary Fund
programs, and other regular reviews of country progress;
``(D) ensure that effective AML and CFT regimes are
considered to be indispensable elements of sound
financial systems; and
``(E) emphasize the importance of sound AML and CFT
regimes to global growth and development.''.
(b) Testimony.--Section 1705(b) of the International Financial
Institutions Act (22 U.S.C. 262r-4(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the status of implementation of international anti-
money laundering and counterterrorist financing standards by the
International Monetary Fund, the multilateral development banks,
and other multilateral financial policymaking bodies.''.
SEC. 7704. COORDINATION NOTE: 31 USC 5311 note. OF UNITED
STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the Secretary, as
the lead United States Government official to the Financial Action Task
Force (FATF), shall continue to convene the interagency United States
Government FATF working group. This group, which includes
representatives from all relevant Federal agencies, shall meet at least
once a year to advise the Secretary on policies to be pursued by the
United States regarding the development of common international AML and
CFT standards, to assess the adequacy and implementation of such
standards, and to recommend to the Secretary improved or new standards,
as necessary.
Subtitle H--Emergency Financial Preparedness
SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
Section 306(d) of title 31, United States Code, is amended by
inserting ``or employee'' after ``another officer''.
[[Page 3861]]
118 STAT. 3861
SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY
PREPAREDNESS AND RESPONSE AND CONSUMER
EDUCATION.
(a) Findings.--Congress finds that the Secretary of the Treasury--
(1) has successfully communicated and coordinated with the
private-sector financial services industry about financial
infrastructure preparedness and response issues;
(2) has successfully reached out to State and local
governments and regional public-private partnerships, such as
ChicagoFIRST, that protect employees and critical infrastructure
by enhancing communication and coordinating plans for disaster
preparedness and business continuity; and
(3) has set an example for the Department of Homeland
Security and other Federal agency partners, whose active
participation is vital to the overall success of the activities
described in paragraphs (1) and (2).
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Treasury, in consultation with the Secretary of
Homeland Security, other Federal agency partners, and private-sector
financial organization partners, should--
(1) furnish sufficient personnel and technological and
financial resources to educate consumers and employees of the
financial services industry about domestic counterterrorist
financing activities, particularly about--
(A) how the public and private sector organizations
involved in such activities can combat terrorism while
protecting and preserving the lives and civil liberties
of consumers and employees of the financial services
industry; and
(B) how the consumers and employees of the financial
services industry can assist the public and private
sector organizations involved in such activities; and
(2) submit annual reports to Congress on efforts to
accomplish subparagraphs (A) and (B) of paragraph (1).
(c) Report on Public-Private Partnerships.--Before the end of the 6-
month period beginning on the date of enactment of this Act, the
Secretary of the Treasury shall submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate containing--
(1) information on the efforts that the Department of the
Treasury has made to encourage the formation of public-private
partnerships to protect critical financial infrastructure and
the type of support that the Department has provided to such
partnerships; and
(2) recommendations for administrative or legislative action
regarding such partnerships, as the Secretary may determine to
be appropriate.
SEC. 7803. EMERGENCY NOTE: Emergency Securities Response Act of
2004. 15 USC 78a note. SECURITIES
RESPONSE ACT OF 2004.
(a) Short Title.--This section may be cited as the ``Emergency
Securities Response Act of 2004''.
(b) Extension of Emergency Order Authority of the Securities and
Exchange Commission.--
[[Page 3862]]
118 STAT. 3862
(1) Extension of authority.--Section 12(k)(2) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended
to read as follows:
``(2) Emergency orders.--
``(A) In general.--The Commission, in an emergency,
may by order summarily take such action to alter,
supplement, suspend, or impose requirements or
restrictions with respect to any matter or action
subject to regulation by the Commission or a self-
regulatory organization under the securities laws, as
the Commission determines is necessary in the public
interest and for the protection of investors--
``(i) to maintain or restore fair and orderly
securities markets (other than markets in exempted
securities);
``(ii) to ensure prompt, accurate, and safe
clearance and settlement of transactions in
securities (other than exempted securities); or
``(iii) to reduce, eliminate, or prevent the
substantial disruption by the emergency of--
``(I) securities markets (other than
markets in exempted securities),
investment companies, or any other
significant portion or segment of such
markets; or
``(II) the transmission or
processing of securities transactions
(other than transactions in exempted
securities).
``(B) Effective period.--An order of the Commission
under this paragraph shall continue in effect for the
period specified by the Commission, and may be extended.
Except as provided in subparagraph (C), an order of the
Commission under this paragraph may not continue in
effect for more than 10 business days, including
extensions.
``(C) Extension.--An order of the Commission under
this paragraph may be extended to continue in effect for
more than 10 business days if, at the time of the
extension, the Commission finds that the emergency still
exists and determines that the continuation of the order
beyond 10 business days is necessary in the public
interest and for the protection of investors to attain
an objective described in clause (i), (ii), or (iii) of
subparagraph (A). In no event shall an order of the
Commission under this paragraph continue in effect for
more than 30 calendar days.
``(D) Security futures.--If the actions described in
subparagraph (A) involve a security futures product, the
Commission shall consult with and consider the views of
the Commodity Futures Trading Commission.
``(E) Exemption.--In exercising its authority under
this paragraph, the Commission shall not be required to
comply with the provisions of--
``(i) section 19(c); or
``(ii) section 553 of title 5, United States
Code.''.
(c) Consultation; Definition of Emergency.--Section 12(k)(6) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6)) is amended to read
as follows:
``(6) Consultation.--Prior to taking any action described in
paragraph (1)(B), the Commission shall consult with and
[[Page 3863]]
118 STAT. 3863
consider the views of the Secretary of the Treasury, the Board
of Governors of the Federal Reserve System, and the Commodity
Futures Trading Commission, unless such consultation is
impracticable in light of the emergency.
``(7) Definitions.--For purposes of this subsection--
``(A) the term `emergency' means--
``(i) a major market disturbance characterized
by or constituting--
``(I) sudden and excessive
fluctuations of securities prices
generally, or a substantial threat
thereof, that threaten fair and orderly
markets; or
``(II) a substantial disruption of
the safe or efficient operation of the
national system for clearance and
settlement of transactions in
securities, or a substantial threat
thereof; or
``(ii) a major disturbance that substantially
disrupts, or threatens to substantially disrupt--
``(I) the functioning of securities
markets, investment companies, or any
other significant portion or segment of
the securities markets; or
``(II) the transmission or
processing of securities transactions;
and
``(B) notwithstanding section 3(a)(47), the term
`securities laws' does not include the Public Utility
Holding Company Act of 1935.''.
(d) Parallel Authority of the Secretary of the Treasury With Respect
to Government Securities.--Section 15C of the Securities Exchange Act of
1934 (15 U.S.C. 78o-5) is amended by adding at the end the following:
``(h) Emergency Authority.--The Secretary may, by order, take any
action with respect to a matter or action subject to regulation by the
Secretary under this section, or the rules of the Secretary under this
section, involving a government security or a market therein (or
significant portion or segment of that market), that the Commission may
take under section 12(k)(2) with respect to transactions in securities
(other than exempted securities) or a market therein (or significant
portion or segment of that market).''.
(e) Joint Report on Implementation of Financial System Resilience
Recommendations.--
(1) Report required.--Not later than April 30, 2006, the
Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, and the Securities and Exchange
Commission shall prepare and submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate a
joint report on the efforts of the private sector to implement
the Interagency Paper on Sound Practices to Strengthen the
Resilience of the U.S. Financial System.
(2) Contents of report.--The report required by paragraph
(1) shall--
(A) examine the efforts to date of private sector
financial services firms covered by the Interagency
Paper to implement enhanced business continuity plans;
(B) examine the extent to which the implementation
of such business continuity plans has been done in a
geographically dispersed manner, including an analysis
of the
[[Page 3864]]
118 STAT. 3864
extent to which such firms have located their main and
backup facilities in separate electrical networks, in
different watersheds, in independent transportation
systems, and using separate telecommunications centers,
and the cost and technological implications of further
dispersal;
(C) examine the need to cover a larger range of
private sector financial services firms that play
significant roles in critical financial markets than
those covered by the Interagency Paper; and
(D) recommend legislative and regulatory changes
that will--
(i) expedite the effective implementation of
the Interagency Paper by all covered financial
services entities; and
(ii) optimize the effective implementation of
business continuity planning by the financial
services industry.
(3) Confidentiality.--Any information provided to the Board
of Governors of the Federal Reserve System, the Comptroller of
the Currency, or the Securities and Exchange Commission for the
purposes of the preparation and submission of the report
required by paragraph (1) shall be treated as privileged and
confidential. For purposes of section 552 of title 5, United
States Code, this subsection shall be considered a statute
described in subsection (b)(3)(B) of that section 552.
(4) Definition.--As used in this subsection, the terms
``Interagency Paper on Sound Practices to Strengthen the
Resilience of the U.S. Financial System'' and ``Interagency
Paper'' mean the interagency paper prepared by the Board of
Governors of the Federal Reserve System, the Comptroller of the
Currency, and the Securities and Exchange Commission that was
announced in the Federal Register on April 8, 2003.
SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and credit-
rating agencies, where relevant, should carefully consider a company's
compliance with standards for private sector disaster and emergency
preparedness in assessing insurability and creditworthiness, to ensure
that private sector investment in disaster and emergency preparedness is
appropriately encouraged.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
SEC. 8101. INTELLIGENCE NOTE: 50 USC 403-1 note. COMMUNITY USE
OF NATIONAL INFRASTRUCTURE SIMULATION
AND ANALYSIS CENTER.
(a) In General.--The Director of National Intelligence shall
establish a formal relationship, including information sharing, between
the elements of the intelligence community and the National
Infrastructure Simulation and Analysis Center.
(b) Purpose.--The purpose of the relationship under subsection (a)
shall be to permit the intelligence community to take full advantage of
the capabilities of the National Infrastructure Simulation and Analysis
Center, particularly vulnerability and consequence
[[Page 3865]]
118 STAT. 3865
analysis, for real time response to reported threats and long term
planning for projected threats.
Subtitle B--Department of Homeland Security Matters
SEC. 8201. HOMELAND NOTE: 6 USC 343 note. SECURITY GEOSPATIAL
INFORMATION.
(a) Findings.--Congress makes the following findings:
(1) Geospatial technologies and geospatial data improve
government capabilities to detect, plan for, prepare for, and
respond to disasters in order to save lives and protect
property.
(2) Geospatial data improves the ability of information
technology applications and systems to enhance public security
in a cost-effective manner.
(3) Geospatial information preparedness in the United
States, and specifically in the Department of Homeland Security,
is insufficient because of--
(A) inadequate geospatial data compatibility;
(B) insufficient geospatial data sharing; and
(C) technology interoperability barriers.
(b) Homeland Security Geospatial Information.--Section 703 of the
Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
(1) by inserting ``(a) In General.--'' before ``The Chief
Information''; and
(2) by adding at the end the following:
``(b) Geospatial Information Functions.--
``(1) Definitions.--As used in this subsection:
``(A) Geospatial information.--The term `geospatial
information' means graphical or digital data depicting
natural or manmade physical features, phenomena, or
boundaries of the earth and any information related
thereto, including surveys, maps, charts, remote sensing
data, and images.
``(B) Geospatial technology.--The term `geospatial
technology' means any technology utilized by analysts,
specialists, surveyors, photogrammetrists,
hydrographers, geodesists, cartographers, architects, or
engineers for the collection, storage, retrieval, or
dissemination of geospatial information, including--
``(i) global satellite surveillance systems;
``(ii) global position systems;
``(iii) geographic information systems;
``(iv) mapping equipment;
``(v) geocoding technology; and
``(vi) remote sensing devices.
``(2) Office of geospatial management.--
``(A) Establishment.--The Office of Geospatial
Management is established within the Office of the Chief
Information Officer.
``(B) Geospatial information officer.--
``(i) Appointment.--The Office of Geospatial
Management shall be administered by the Geospatial
Information Officer, who shall be appointed by the
Secretary and serve under the direction of the
Chief Information Officer.
[[Page 3866]]
118 STAT. 3866
``(ii) Functions.--The Geospatial Information
Officer shall assist the Chief Information Officer
in carrying out all functions under this section
and in coordinating the geospatial information
needs of the Department.
``(C) Coordination of geospatial information.--The
Chief Information Officer shall establish and carry out
a program to provide for the efficient use of geospatial
information, which shall include--
``(i) providing such geospatial information as
may be necessary to implement the critical
infrastructure protection programs;
``(ii) providing leadership and coordination
in meeting the geospatial information requirements
of those responsible for planning, prevention,
mitigation, assessment and response to
emergencies, critical infrastructure protection,
and other functions of the Department; and
``(iii) coordinating with users of geospatial
information within the Department to assure
interoperability and prevent unnecessary
duplication.
``(D) Responsibilities.--In carrying out this
subsection, the responsibilities of the Chief
Information Officer shall include--
``(i) coordinating the geospatial information
needs and activities of the Department;
``(ii) implementing standards, as adopted by
the Director of the Office of Management and
Budget under the processes established under
section 216 of the E-Government Act of 2002 (44
U.S.C. 3501 note), to facilitate the
interoperability of geospatial information
pertaining to homeland security among all users of
such information within--
``(I) the Department;
``(II) State and local government;
and
``(III) the private sector;
``(iii) coordinating with the Federal
Geographic Data Committee and carrying out the
responsibilities of the Department pursuant to
Office of Management and Budget Circular A-16 and
Executive Order 12906; and
``(iv) making recommendations to the Secretary
and the Executive Director of the Office for State
and Local Government Coordination and Preparedness
on awarding grants to--
``(I) fund the creation of
geospatial data; and
``(II) execute information sharing
agreements regarding geospatial data
with State, local, and tribal
governments.
``(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection for each fiscal year.''.
[[Page 3867]]
118 STAT. 3867
Subtitle C--Homeland NOTE: Homeland Security Civil Rights and Civil
Liberties Protection Act of 2004. 6 USC 101 note. Security Civil
Rights and Civil Liberties Protection
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ``Homeland Security Civil Rights
and Civil Liberties Protection Act of 2004''.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) ensure that the civil rights and civil
liberties of persons are not diminished by efforts,
activities, and programs aimed at securing the homeland;
and''.
SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended--
(1) by amending the matter preceding paragraph (1) to read
as follows:
``(a) In General.--The Officer for Civil Rights and Civil Liberties,
who shall report directly to the Secretary, shall--'';
(2) by amending paragraph (1) to read as follows:
``(1) review and assess information concerning abuses of
civil rights, civil liberties, and profiling on the basis of
race, ethnicity, or religion, by employees and officials of the
Department;'';
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and offices of the
Department to develop, implement, and periodically review
Department policies and procedures to ensure that the protection
of civil rights and civil liberties is appropriately
incorporated into Department programs and activities;
``(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the civil
rights and civil liberties of individuals affected by the
programs and activities of the Department;
``(5) coordinate with the Privacy Officer to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) Congress receives appropriate reports
regarding such programs, policies, and procedures; and
``(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless the
Inspector General of the Department determines that any such
complaint or information should be investigated by the Inspector
General.''.
[[Page 3868]]
118 STAT. 3868
SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY
OFFICE OF INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
Inspector General, who shall be a career member of the civil service at
the equivalent to the GS-15 level or a career member of the Senior
Executive Service, to perform the functions described in paragraph (2).
``(2) The senior official designated under paragraph (1) shall--
``(A) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil rights
or civil liberties;
``(B) receive and review complaints and information from any
source alleging abuses of civil rights and civil liberties by
employees or officials of the Department and employees or
officials of independent contractors or grantees of the
Department;
``(C) initiate investigations of alleged abuses of civil
rights or civil liberties by employees or officials of the
Department and employees or officials of independent contractors
or grantees of the Department;
``(D) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civil
rights and civil liberties investigations;
``(E) consult with the Officer for Civil Rights and Civil
Liberties regarding--
``(i) alleged abuses of civil rights or civil
liberties; and
``(ii) any policy recommendations regarding civil
rights and civil liberties that may be founded upon an
investigation by the Office of Inspector General;
``(F) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of
investigations of alleged abuses of civil rights and civil
liberties;
``(G) refer civil rights and civil liberties matters that
the Inspector General decides not to investigate to the Officer
for Civil Rights and Civil Liberties;
``(H) ensure that the Office of the Inspector General
publicizes and provides convenient public access to information
regarding--
``(i) the procedure to file complaints or comments
concerning civil rights and civil liberties matters; and
``(ii) the status of corrective actions taken by the
Department in response to Office of the Inspector
General reports; and
``(I) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies within
the Department relating to civil rights or civil liberties.''.
SEC. 8305. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
who shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' at the end;
[[Page 3869]]
118 STAT. 3869
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil Rights and
Civil Liberties to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) Congress receives appropriate reports on such
programs, policies, and procedures; and''.
SEC. 8306. PROTECTIONS NOTE: 6 USC 112 note. FOR HUMAN
RESEARCH SUBJECTS OF THE DEPARTMENT OF
HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the Department
of Homeland Security complies with the protections for human research
subjects, as described in part 46 of title 45, Code of Federal
Regulations, or in equivalent regulations as promulgated by such
Secretary, with respect to research that is conducted or supported by
the Department.
Subtitle D--Other Matters
SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE
AGENCY PLANNING FOR INFORMATION SECURITY
NEEDS.
Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting ``security,'' after
``use,'';
(2) in section 11302(c), by inserting ``, including
information security risks,'' after ``risks'' both places it
appears;
(3) in section 11312(b)(1), by striking ``information
technology investments'' and inserting ``investments in
information technology (including information security needs)'';
and
(4) in section 11315(b)(2), by inserting ``, secure,'' after
``sound''.
SEC. 8402. NOTE: 28 USC 531 note. ENTERPRISE ARCHITECTURE.
(a) Enterprise Architecture Defined.--In this section, the term
``enterprise architecture'' means a detailed outline or blueprint of the
information technology of the Federal Bureau of Investigation that will
satisfy the ongoing mission and goals of the Federal Bureau of
Investigation and that sets forth specific and identifiable benchmarks.
(b) Enterprise Architecture.--The Federal Bureau of Investigation
shall--
(1) continually maintain and update an enterprise
architecture; and
(2) maintain a state of the art and up to date information
technology infrastructure that is in compliance with the
enterprise architecture of the Federal Bureau of Investigation.
(c) Report.--Subject to subsection (d), the Director of the Federal
Bureau of Investigation shall, on an annual basis, submit to the
Committees on the Judiciary of the Senate and House of Representatives a
report on whether the major information technology investments of the
Federal Bureau of Investigation are in compliance with the enterprise
architecture of the Federal Bureau of Investigation and identify any
inability or expectation of inability to meet the terms set forth in the
enterprise architecture.
[[Page 3870]]
118 STAT. 3870
(d) Failure To Meet Terms.--If the Director of the Federal Bureau of
Investigation identifies any inability or expectation of inability to
meet the terms set forth in the enterprise architecture in a report
under subsection (c), the report under subsection (c) shall--
(1) be twice a year until the inability is corrected;
(2) include a statement as to whether the inability or
expectation of inability to meet the terms set forth in the
enterprise architecture is substantially related to resources;
and
(3) if the inability or expectation of inability is
substantially related to resources, include a request for
additional funding that would resolve the problem or a request
to reprogram funds that would resolve the problem.
(e) Enterprise Architecture, Agency Plans and Reports.--This section
shall be carried out in compliance with the requirements set forth in
section 1016(e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
(a) NOTE: Deadline. Reports. Study.--Not later than 90 days
after the date of enactment of this Act, the Office of Government Ethics
shall submit to Congress a report--
(1) evaluating the financial disclosure process for
employees of the executive branch of Government; and
(2) making recommendations for improving that process.
(b) NOTE: 5 USC 1101 note. Transmittal of Record Relating to
Presidentially Appointed Positions to Presidential Candidates.--
(1) Definition.--In this section, the term ``major party''
has the meaning given that term under section 9002(6) of the
Internal Revenue Code of 1986.
(2) Transmittal.--
(A) NOTE: Deadline. In general.--Not later than
15 days after the date on which a major party nominates
a candidate for President, the Office of Personnel
Management shall transmit an electronic record to that
candidate on Presidentially appointed positions.
(B) Other candidates.--After making transmittals
under subparagraph (A), the Office of Personnel
Management may transmit an electronic record on
Presidentially appointed positions to any other
candidate for President.
(3) Content.--The record transmitted under this subsection
shall provide--
(A) all positions which are appointed by the
President, including the title and description of the
duties of each position;
(B) the name of each person holding a position
described under subparagraph (A);
(C) any vacancy in the positions described under
subparagraph (A), and the period of time any such
position has been vacant;
(D) the date on which an appointment made after the
applicable Presidential election for any position
described under subparagraph (A) is necessary to ensure
effective operation of the Government; and
(E) any other information that the Office of
Personnel Management determines is useful in making
appointments.
[[Page 3871]]
118 STAT. 3871
(c) Reduction of Positions Requiring Appointment With Senate
Confirmation.--
(1) Definition.--In this subsection, the term ``agency''
means an Executive agency as defined under section 105 of title
5, United States Code.
(2) Reduction plan.--
(A) NOTE: Deadline. In general.--Not later than
180 days after the date of enactment of this Act, the
head of each agency shall submit a Presidential
appointment reduction plan to--
(i) the President;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Government Reform of
the House of Representatives.
(B) Content.--The plan under this paragraph shall
provide for the reduction of--
(i) the number of positions within that agency
that require an appointment by the President, by
and with the advice and consent of the Senate; and
(ii) the number of levels of such positions
within that agency.
(d) Office of Government Ethics Review of Conflict of Interest
Law.--
(1) NOTE: Deadline. Reports. In general.--Not later than
1 year after the date of enactment of this Act, the Director of
the Office of Government Ethics, in consultation with the
Attorney General of the United States, shall conduct a
comprehensive review of conflict of interest laws relating to
executive branch employment and submit a report to--
(A) the President;
(B) the Committees on Homeland Security and
Governmental Affairs and the Judiciary of the Senate;
(C) the Committees on Government Reform and the
Judiciary of the House of Representatives.
(2) Contents.--The report under this subsection shall
examine sections 203, 205, 207, and 208 of title 18, United
States Code.
[[Page 3872]]
118 STAT. 3872
SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR
TICKETS FOR SUSPENDED AIR PASSENGER
SERVICE.
Section 145(c) of the Aviation and Transportation Security Act (49
U.S.C. 40101 note) is amended by striking ``more than'' and all that
follows and inserting ``after November 19, 2005.''.
Approved December 17, 2004.
LEGISLATIVE HISTORY--S. 2845 (H.R. 10):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-724, Pt. 1 (Permanent Select Comm. on
Intelligence), Pt. 2 (Comm. on Armed Services), Pt. 3 (Comm. on
Financial Services), Pt. 4 (Comm. on Government Reform), and Pt. 5
(Comm. on the Judiciary), all accompanying H.R. 10, and
108-796 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 27-30, Oct. 1, 4-6, considered and passed Senate.
Oct. 16, considered and passed House pursuant to H. Res.
827.
Dec. 7, House agreed to conference report.
Dec. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 17, Presidential remarks and statement.